Haris Musa Shaikh v. The State Of Maharashtra And ANR

Osk 47-Wp-2056-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2056 OF 2025 Haris Musa Shaikh ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Zoheb Shaikh for Petitioner.

Mr. Vinod Chate, A.P.P. for Respondent No.1-State. P.S.I. Mr. Ramdas Shamrao Thakar, Shirgaon Police Station, Pune. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 1st July 2025.

P.C. :

1) The crime in question is registered on 14th January 2023 under Section 306 read with 34 of the Indian Penal Code. 2) Upon a query by this Court, Mr. Chate, learned A.P.P. on instructions from Police Sub Inspector Mr. Ramdas S. Thakar attached to Shirgaon Police Station, Pune, submitted that, till date the chargesheet is not filed.

2.1) We are appalled after hearing such a submission that, the Investigating Officer / Officers in last more than two and half years have not filed chargesheet in the present crime.

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Osk 47-Wp-2056-2025.doc 2.2) Upon a further query, it was informed to us that, though the chargesheet is ready, the Investigating Officer has not filed it. 2.3) It appears to us that, the Investigating Officer is waiting for an auspicious day to file the chargesheet before the jurisdictional Court. 3) In view of the above, we direct the Joint Commissioner of Police (Law and Order), Pimpri-Chinchwad Police Commissionerate, to file its reply to the Petition.

3.1) We direct Joint Commissioner of Police, not to delegate his powers to any subordinate Officer, while filing the said Affidavit. 3.2) We further direct the Joint Commissioner of Police to tell the absolute and correct truth on the Affidavit, as to why in an allegedly serious offence, chargesheet is not filed in last two and half years, though a casual statement is made in the Court that, chargesheet is ready to be filed. 3.3) The said Affidavit be filed on or before 11th July 2025. 4) Stand over to 14th July 2025.

5) To be listed under the caption 'For Directions'. ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.07.01 18:12:44 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2