The High Court disposed of writ petition as infructuous after investigation completed and report filed. Liberty granted to file suit for damages; trial to conclude within six months.
Liberty to file suit for damages granted. Trial to conclude within six months.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1283 OF 2008
Mr. Mahadeo Narayan Nikam Vs.
Commissioner of Police, Mumbai and others
... Petitioner
... Respondents
Mr. Dheeraj Dhutmal for the petitioner.
Ms. S.D. Shinde, Additional Public Prosecutor for the State.
CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATE : 23RD JANUARY, 2009
P.C.:
The learned counsel appearing for the State submits that
now the investigation has been completed, all the offenders have been arrested and the report in terms of section 173 of the Criminal Procedure Code has been filed before the court of competent jurisdiction on 22nd January, 2009.
damages if so advised as writ court is not the competent court to consider the claim for damages in the facts of the present case and particularly when no such quantum of damages has even been specifically mentioned with appropriate justification. The learned trial court shall proceed with the case expeditiously and conclude the trial within a period of six months from today.
CHIEF JUSTICE
DR. D.Y. CHANDRACHUD, J.
1 issue framed by the court
Whether the writ petition survives after the completion of investigation and filing of the report under Section 173 CrPC.
1 provisions across 1 enactments
Mahadeo Narayan Nikam
Commissioner of Police, Mumbai
Swatanter Kumar
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
