Disposed

Neelam Shewale v. the State of Maharashtra

Bombay HC17 Nov 2009WP/2301/2009

Case brief

AI extract

What is this about?

The court disposed of a criminal writ petition regarding a police inquiry. It ordered the case file to be handed over to the Sub-Divisional Police Officer, Pandharpur, for a fresh, independent investigation of the offence under Section 397 IPC.

What did the court decide?

The case file to be handed over to the Sub-Divisional Police Officer, Pandharpur, for fresh investigation without influence from the earlier inquiry.

Neelam Shewale Vs the State of Maharashtra — Bombay HC (2009) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.2301 OF 2009

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Mrs.Neelam Shewale	.. Petitioner
Vs.
The State of Maharashtra	.. Respondent

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Mr.Prakash Nailk for the petitioner

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Ms.U.V. Kejriwal, A.P..P. for the state

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CORAM : J. N. PATEL &

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A.A. SAYED, JJ

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DATE : 17TH NOVEMBER, 2009

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P.C. :

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Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

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As directed by this court, Dr.Suresh Kumar, Superintendent of Police, Solapur (Rural) is present alongwith the I.O. We have seen the case diary.

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We are informed that on the complaint of the petitioner, the police did register C.R.No.45 of 2009 under section 397 of the Indian Penal Code against Sudhakar Kulkarni and 7 Ors. but on investigation have found

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that no case is made out and, therefore, submitted B summary to the‘ ’ Sub Divisional Police Officer, Pandharpur, who has referred the matter back to the I.O. by making certain observation on seeking opinion from the law officer attached to the office of the SDPO, Pandharpur.

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The ld.A.P.P. on seeking instructions from Superintendent of Police, Solapur (Rural) states that the said C.R. would be handed over to S.D.P.O. Pandharpur i.e. Dy.S.P. (Pandharpur) Mr.Honrao for further investigation.

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In view of the statement made by the learned A.P.P. on seeking instruction from Superintendent of Police, we find that this would sufficiently meet the grievance of the petitioner as the Senior Officer is to be entrusted with the investigation of the case. We make it clear that the S.D.P.O. Pandharpur would carry on the investigation afresh and without being influenced by the earlier investigation by the I.O.

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With these observations, petition stands disposed of.

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( J. N. Patel, J)

Neelam Shewale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Neelam Shewale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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