Sanjay Kerba Durge And ORS. v. The State Of Maharashtra And ORS.

27-cri-wp-782-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 782 OF 2019 Sanjay K. Durge and ors.

... Petitioners V/s.

The State of Maharashtra and ors.

... Respondents ---------------- Mr. Dhairyasheel Sutar for the Petitioners.

Smt. A.S. Pai, APP for the Respondent - State. ----------------

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

JANUARY 27, 2020.

P.C.

1] Learned APP is not in a position to assist as Investigating Officer is not present.

2] Counsel for the petitioners submits that on last date also Investing Officer was not present.

3] He has drawn our attention to the order dated 14th October 2019. There the Court has taken note of fact that Mr.Yadav has taken charge as new Investigating Officer. Dinesh Sherla 1/2

27-cri-wp-782-19.doc 4] The matter is pending before this Court since February 2019, but the investors' complain of in action on the part of Investigating Agency.

5] Events noted supra, sufficiently support their submission.

6] We, therefore, direct respondent No.3 to personally look into the matter and see that the investigation proceeds further through same Investigating Officer or by appointing another Investigating Officer.

7] We direct the petitioners to contact respondent No.3 for this purpose on 17th February 2020.

8] With these directions and keeping grievance of the petitioners open, we partly allow the petition and dispose of the same.

(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) Dinesh Sherla 2/2