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Bombay High CourtAPL/943/2015others disposed off

Bhagyashree W/O Prashant Wasankar And Others v. State Of Maharashtra, Through P.S.O. P.S. Ambazari, Nagpur And Another

2016-08-30Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 943/2015.

Bhagyashree Prashant Wasankar -VERSUSState of Maharashtra and another.

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 : AUGUST 30, 2016.

Heard Shri D.V. Chauhan, learned Counsel for the petitioners and Shri Khan, learned A.P.P. for respondent State, for some time.

2.

Question is - Whether registration of separate FIR as such is itself misconceived ? 3.

Learned A.P.P. is relying upon the reply affidavit to urge that totally new circumstances are being pressed into service by the present complainant, and the same need investigation.

4.

It is not in dispute that one FIR and three charge sheets on same lines are already investigated into. About 500 individual complaints are thus already

looked into.

5.

In this situation, whether this can be treated as an independent cause or whether it forms part and parcel of earlier investigation, is a disputed issue which we are not willing to go into at this stage. 6.

In the light of the reply placed on record, we permit respondent no.1 to proceed with the investigation in accordance with law. Applicants are given liberty to approach again if they find that they are being unduly harassed or then the same facts and same cause of action is being looked into.

7.

Criminal Application 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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