Kedarnath S/O Gangadhar Agrawal v. State Of Maharashtr, Through Its Secretary In The Ministry Of Home Affairs, Mumbai And 2 Others

Order 0307wp1090.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 1090/2014.

Kedarnath Gangadhar Agrawal -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 & P.N. DESHMUKH, JJ.

DATE : JULY 03, 2015.

Heard Shri A.A. Naik, learned Counsel with Shri H.S. Chitaley, learned Counsel for the petitioner and Shri S.S. Doifode, learned A.P.P. for respondents.

2.

During hearing we find that though the basic challenge was to defective investigation and request was to transfer said investigation to some other agency.

3.

During pendency of the said challenge, the Judicial Magistrate First Class has passed some orders under Section 156[3] of the Criminal Procedure Code

Order 0307wp1090.14 refusing to intervene. That order is now sought to be assailed in the present matter.

4.

It is apparent that unless and until that order is set aside, investigation again cannot commence or cannot be asked to be transferred. 5.

Learned A.P.P. points out that against the order under Section 156[3] of Criminal Procedure Code, remedy of filing revision under Section 397 is available to the petitioner.

6.

In this situation, with liberty to the petitioner to approach the competent court under Section 397 of Criminal Procedure Code and keeping all his contentions in present writ petition open, we dispose of the present proceedings. No costs. JUDGE JUDGE Rgd.