Marotrao S/O Sitaramji Mohod v. State Of Maharashtra Through Pso Ps Paratwada Tq. Achalpur Dist Amravati And 2 Others

1 wp371.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 371 OF 2019 (MAROTRAO SITARAMJI MOHOD...VS.. STATE OF MAH. THR. PSO PARATWADA & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the petitioner.

Shri S.J.Kadu, A.P.P. for Respondent Nos.1 and 2. Shri S.S.Shingne, Advocate for Respondent No.3. CORAM : Z.A.HAQ AND PUSHPA V. GANEDIWALA, JJ.

DATED : SEPTEMBER 27, 2019.

None appeared for the petitioner on 30th August 2019. Today, in the morning session when the mater was called out, none appeared for the petitioner. The matter was kept back. In the afternoon session, again neither the petitioner nor his Advocate appeared.

Heard Shri S.J.Kadu, learned A.P.P. for the respondent Nos. 1 and 2 and Shri S.S.Shingne, Advocate for the respondent No.3.

By this petition, the petitioner has prayed that the investigation of Crime No.35 of 2019 registered with respondent No.1 Police Station, Paratwada be transferred to any other agency like C.I.D.

In response to the notice issued by this Court, the respondent Nos.1 and 2 have filed their reply and additional affidavit. The respondent No.3 has also filed separate reply. The respondent Nos.1 and 2 have stated that after completing

2 wp371.19 the investigation, charge-sheet is filed against 9 accused for the offences punishable under Sections 302, 324, 323, 143, 147, 148, 149, 584, 506 of the Indian Penal Code read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

After considering the documents placed on record and the affidavit filed by the respondent Nos.1 and 2 pointing out that charge-sheet is filed before the Competent Court against 9 accused, we are not satisfied that the grievance made by the petitioner has any substance. We see no reason to doubt the investigation at this stage. Hence, we are not inclined to exercise extraordinary jurisdiction and transfer the investigation to any other agency.

The writ petition is dismissed.

JUDGE JUDGE RRaut..