Kamaladevi Mangilal Choudhary v. The State Of Maharashtra And ORS

5-WP.4747.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4747 OF 2025 Kamaladevi Mangilal Choudhary } Petitioner versus The State of Maharashtra & Ors.

} Respondents Mr. Saurabh D. Butala, Advocate for the Petitioner. Mr. J. P. Yagnik, Additional Public Prosecutor for Respondent Nos. 1 to 6 (State).

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

16th SEPTEMBER 2025 P.C.:

The petitioner has made the following prayers in this writ petition:

"(A) Issue a writ of mandamus or any other appropriate writ, order, or direction in the nature thereof, directing transfer of investigation in FIR No. 1496 of 2024 registered with Kasarvadavali Police Station to the Criminal Investigation Department (CID), Maharashtra, or EOW, Thane, to any officer not below the rank of Deputy Commissioner of Police under the supervision of the Commissioner of Police, Thane, and further to direct proper, fair, impartial, and expeditious further investigation in respect of the said offence; (B) Pending the hearing and final disposal of the present Petition, direct the Respondents to file a detailed report before this Hon'ble Court regarding the investigation of and the role of the accused in connection with FIR No. 1496 of 2024 registered with Kasarvadavali Police Station; (C) Direct Respondent Nos. 1 and 2 to take appropriate departmental and disciplinary action against the concerned erring officers for dereliction of duty and failure to carry out proper investigation in connection with the subject crime." 2.

Mr. Saurabh Butala, the learned counsel for the petitioner, on instructions, seeks permission to withdraw this writ petition with liberty to the petitioner to avail appropriate remedy available in law.

5-WP.4747.2025.doc 3.

Writ Petition No. 4747 of 2025 is dismissed as withdrawn with the aforesaid liberty to the petitioner. However, we may indicate that this petition is dismissed as withdrawn shall not be construed by any Court/Forum/Authority as if we have expressed our opinion on the merits of the matter.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] by JAYANT VISHWANATH SALUNKE Date:

2025.09.19 21:06:59 +0530 JAYANT VISHWANATH SALUNKE