Petitioner sought directions for Crime Branch to investigate four criminal complaints and prohibition of arrest without 48 hours notice. State submitted reports showing three investigations completed; anticipated completion for the fourth. Court held remedy lay in anticipatory bail application.
Petition dismissed as not surviving.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
Criminal Writ Petition No.2417 of 2006
Prakash Shah Petitioner
Vs.
State of Maharashtra & ors.
Respondents
Mr.R.S.Apte with Mr.H.V.Kode for petitioner. Mr.A.S.Gadkari, APP for State. Mr.Amin Sokar for resp.no.8.
CORAM: B.H.MARLAPALLE & R.Y.GANOO,JJ.
June 27, 2008
P.C.
| 1. | Heard | Mr. | Apte with Mr.Kode, | the lear | ned | |
|---|---|---|---|---|---|---|
| counsel | for the |
petitioner. | The | substantial | relief in |
|
| this | petition | is | for directions |
to | the Crime |
Branch, |
| Mumbai | to | tak | e over investig |
ation | in four |
criminal |
| complaints | viz. | C.R.No.562 | of | 2004 registere |
d with |
|
| the Osh |
iwara P |
olice | Station, M |
umbai, | C.R.No.44 | of 2006 |
| registered | with | the Kherwadi |
Police | Station, |
Mumbai, | |
| C.R.No.184 | of | 2006 registered |
with | the |
Chatusrungi |
Police Station, Pune and C.R.No.107 of 2006 registered
with the Mira Road Police Station, Mumbai.
2
| from | the police officers present in |
the | Court, | states |
|---|---|---|---|---|
| that | investigation in C.R.No.44 of |
2006 | re | gistered |
| with | Kherwadi Police Station has bee |
n comp |
leted | and |
| B-Summary | report has been filed |
on | 10 | /6/2006. |
| Similarly | in C.R.No.184 of 2006 |
regis | tered | with |
| Chatusrungi | Police Station, Pune on |
com | pletion | of |
| investigation | B-Summary report has |
been | filed | on |
| 6/6/2006 | with the competent Court. |
Mr.Ga | dkari | further |
| stated | that in C.R.No.107 of 2006 |
registered | with |
the |
| Mira | Road Police Station, investigation |
is | co | mpleted |
| and |
B-Summary report is ready to be |
filed. | Thus | what |
| is l |
eft for investigation is only C.R. |
No.562 | of | 2004 |
| registered | with the Oshiwara Police St |
ation | and | we |
| have | been assured by the learned APP |
that | the | said |
| investigation | would be completed within |
two | weeks | from |
today and the report of investigation will be filed
before the competent Court.
| second | praye | r for d |
irecting | the | respondents | no | t to |
|---|---|---|---|---|---|---|---|
| take | any | coercive | steps | includi | ng the |
petitioner’s | |
| arrest | without | giving 48 |
hours | notic | e in adv |
ance. | The |
| remedy | for | the petitioner |
is |
to | approach | the | competent |
| Court | with | an ap |
plication | for | anticipatory | bail | and |
this petition cannot be used as an application for
3
anticipatory bail.
not survive as of now and the same is disposed as
such.
(R.Y.GANOO,J.)
(B.H.MARLAPALLE,J.)
2 issues framed by the court
Whether a petition seeking directions for investigation takeover and prohibition of arrest without notice survives as a Criminal Writ Petition.
Whether the remedy available for the petitioner was anticipatory bail and not the present petition structure.
Prakash Shah
State of Maharashtra
B.H. Marlappalle
R.Y. Ganoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
