Rekha Wd/O Kishanprasad Mishra v. State Of Maharashtra, Through Its Secretary, Home Department, Mumbai And 6 Others

wp1023-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Writ Petition No. 1023 of 2014 Rekha Kishanprasad Mishra -Vrs.- The State of Mah. and ors. .

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

______________________________________________________________________________ Shri P.K. Sathianathan, counsel for petitioner. Shri V.A. Thakre, APP for respondent - State.. CORAM : A.B.CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : 21 st APRIL, 2015 Heard Mr. Sathianathan, learned counsel for the petitioner. Learned APP Shri Thakre is present with Investigation Officer and submits that the investigation has almost been completed and prima facie it is decided to have the charge sheet filed before the competent court. Mr. Sathianathan states that he has objection about the filing of the charge sheet without registration of offence of murder. We think the Investigation Officer should be allowed to file charge sheet since the investigation has been almost completed and as is the law it is the right of the petitioner to participate in the proceedings before the competent court. Hence, by giving liberty to the petitioner to take such steps as are available to him after charge sheet is filed, we dispose of the petition with

wp1023-14.odt the following order.

Order.

1. Criminal Writ Petition No. 1023/2014 is disposed of allowing the Police Station concerned to file the charge sheet after completion of the entire investigation before the competent court.

2. Liberty to the petitioner to take such steps as are available in law after filing of the charge sheet.

3. No order as to costs.

JUDGE JUDGE Hirekhan