Criminal Writ Petition challenging police inaction and seeking seizure of passports and cancellation of bail. Court held that with chargesheet filed, remedy lies with trial court; writ petition is thus rejected.
Petition rejected; liberty to approach trial court with appropriate application.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Criminal Writ Petition No. 273 of 2009 .
Rajesh Shashikant Nanawati .. Petitioner
v/s.
The State of Maharashtra & Others ..Respondents
Mrs.Seema S. Singh for the Petitioner. Mrs.M.M.Deshmukh, APP for the State
CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 7th November, 2009
P.C. :
alleges that after FIR No.45 of 2008 is registered for the offences punishable under Section 484, 387, 342, 506 r/w. Section 34 of IPC, under
the Arms Act and the Bombay Police Act with the Deccan Gymkhana Police Station at Pune, the respondent nos. 3 and 4 failed to take appropriate steps as required under the Cr.P.C. and they did not take further steps to arrest the accused i.e. the respondent nos.5 and 6. The petitioner therefore prays for appropriate directions in that regard and also for the
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seizure of the passport of respondent nos.5 to 7 and 9 to 10 and also to appoint Spl. Investigating Agency against the respondent no.6 who as per the petitioner claims to be the nephew of the Chief Minister of Maharashtra. The petitioner also prays for cancellation of the anticipatory bail granted to the respondent nos.5 to 7 and 9 to 10 as well as the regular bail granted to respondent nos. 8, 11 to 13.
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documents as well as the weapon. The affidavit states that the weapon used in the alleged crime was revolver and two cartridges were recovered at the instance of accused No.3 (respondent no.11 in this petition). Some documents like the Memorandum of Understanding, Deed of Cancellation, and receipts amounting to Rs.24,00,000/- were also seized at the instance of accused No.1 Shri Pravin Gange (respondent No.7 in this petition). It is further stated in the affidavit that during the course of investigation, nothing was revealed about the petitioner’s Tavera Car, nor was it mentioned in the FIR.
[R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]
1 issue framed by the court
Whether the writ court can grant directions for arrest, seize passports, or cancel bail when the investigation is complete and the chargesheet is filed before the competent court.
Rajesh Shashikant Nanawati
The State of Maharashtra
B.H. MARLAPALLE
R.Y. GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
