Reema William Mascarenhas And ORS v. State Of Maharashtra And ORS

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2024.10.08 11:31:47 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4108 OF 2024 Reema William Mascarenhas & Ors.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Sanjeev P. Kadam a/w Mr. Kishor Patil, Mr. Amol Mhatre i/b Mr. Dilip Shinde for the Petitioners.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. PI - Shri. Sunil Tambe attached to Naupada Police Station, Thane City, present.

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 4 th OCTOBER, 2024 P.C. :

1.

By this petition, the petitioners, essentially seek (a) transfer of investigation undertaken by PI - Shri. Sunil Tambe of Naupada Police Station, to any other senior officer with respect to inquiry in the complaint made by the petitioners in June, 2023 and on 2nd 1/3

September, 2024; (b) that quashing and setting aside the notice issued to the Advocate for the petitioners dated 20/09/2024 and 22/09/2024 asking him to remain present in the Police Station; and (c) that appointment of any senior officer for initiating inquiry against the respondent No.5 so as to issuance of notice to the Advocate for the petitioners.

2.

As far as, prayer clause (c) is concerned, learned Counsel for the petitioners does not press for the said prayer. 3.

As far as the prayer clause (a) i.e. transfer of investigation is concerned, Mrs. Shinde, learned APP, on instructions, states that the investigation of the petitioners' complaint has been transferred from Naupada Police Station, Thane City to Thane Nagar Police Station, to be investigated by the Police Inspector of Thane Nagar Police Station. 4.

As far as prayer clause (b) i.e. quashing and setting aside of the notice issued to the petitioners' Advocate is concerned, learned 2/3

APP, on instructions states that the said notice will be withdrawn since it was issued by the Naupada Police Station, Thane City. Statement accepted.

5.

In view of the aforesaid, since the grievances of the petitioners have been redressed, nothing survives for further consideration in the aforesaid petition.

6.

Petition stands disposed of accordingly.

7.

All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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