Sitabai Nirmat Janware v. State Of Maharashtra, Thr. Commissioner Of Police, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 550/2016.

Sitabai Nirmat Janware -VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : OCTOBER 01, 2016.

Heard Shri S.P. Sonwane, learned counsel for the petitioner and Shri N.B. Jawade, learned A.P.P. for respondents.

2.

Charge-sheet under Section 302 of Indian Penal Code in the matter is already presented by the police to the Court of Judicial Magistrate First Class. Petitioner alleges that person accused therein is not the real culprit and two persons watched by her while committing murder are the real accused.

3.

Prayer is, therefore, to transfer the investigation.

4.

Learned A.P.P. submitted that as chargesheet is filed, grievance needs to be made before the Court, pointing out arrears if any, in the documents presented.

5.

We do not wish to comment on the merits of the controversy. If after going through the papers, petitioner finds anything wrong with the investigation, she can always made grievance before the learned Judicial Magistrate First Class. The Court also has powers under Section 319 of the Criminal Procedure Code, to join other persons as accused, if any substance is found in the grievance of the petitioner. 6.

In this situation, we are not inclined to entertain the petition. The same is accordingly disposed of. No costs.

JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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