Vijay Sitaram Kate v. The State Of Maharashtra And ANR.

CAJ 30-Apeal-901-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.901 OF 2022 Vijay Sitaram Kate ... Appellant V/s.

The State of Maharashtra And Anr.

... Respondents Mr. Aniket Vagal for Appellant.

Mrs. A. S. Pai, P.P. a/w Mrs. S. D. Shinde, APP for Respondent No.1-State. Dr. Udya P. Warunjikar Appointed Advocate for Respondent No.2. CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 11th JANUARY, 2023.

P.C. :

1.

Learned P.P. on instructions submitted that, after this Court vacated interim relief granted to Appellant, he has been arrested in the present crime on 3rd January, 2023. That, initially he was remanded to Police Custody and subsequently he has been sent to Judicial Custody. She on instructions further submitted that, in pursuance of Order dated 22nd December, 2022 Respondent No.2 and her husband have been provided with police protection. The said statement is accepted. She submitted that, in view of the observations made by this Court in Order dated 22nd December, 2022, Superintendent of Police, Ratnagiri has transferred the investigation of the present crime and new Investigating Officer namely Ms. Jayashri Tanaji Gaikwad, Additional Superintendent of Police, Chiplun, District Ratnagiri has been assigned the 1/2

CAJ 30-Apeal-901-2022.odt present crime for further investigation. That, the statement of victim in present crime has been recorded under Section 164 of the Code of Criminal Procedure.

That, the earlier Investigating Officer has been issued with a show cause notice under Maharashtra Civil Services Rules and the same will be taken to its logical end.

3.

In view thereof, present Appeal has become infructuous and is accordingly disposed off.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2