Sau. Meena W/O. Prakash Somkuwar v. State Of Maharashtra Thr. Secretary Dept. Of Home Mantralaya Bombay And Others

cwp.856.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.856 of 2016 (Meena w/o Prakash Somkuwar vs.

The State of Maharashtra, through Secretary, Dept.of Home, Bombay & ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Kinkhede, Adv. h/f Shri R.R. Vyas, Adv. for the Petitioner. Shri R.S. Nayak, A.P.P. for the Respondents.

CORAM : B.R. GAVAI AND KUM. INDIRA JAIN, JJ.

DATE : 27th FEBRUARY, 2017.

Perusal of the case-diary would reveal that there appears to be sufÏcient material to proceed further with the investigation. However, in spite of that, the proceedings under Section 169 of the Code of Criminal Procedure have been filed. In that view of the matter, it would be appropriate that the investigation be transfered to the Local Crime Branch.

The petition is, therefore, allowed with directions to the respondents to handover the investigation to the Local Crime Branch. We further make it clear that the fact of the report being submitted by the earlier Investigating OfÏcer under

cwp.856.16 2 Section 169 of the Code of Criminal Procedure would not come in the way of Local Crime Branch while investigating the matter. In addition, the Local Crime Branch shall intimate the learned trial Court about the order passed by this Court.

JUDGE JUDGE *sdw