Criminal Writ Petition filed seeking investigation under Section 173(8) CrPC. Court held scope cannot exceed previous order transferring investigation to Crime Branch. Petition disposed without fresh direction.
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PPD
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1.wp2342-10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2342 OF 2010
Smt.Umaima K. Chitalwala. ..Petitioner. Vs. State of Maharashtra and others. .. Respondents.
Mr.V.K. Pradhan, Senior Counsel a/w. Mr.Prakash Naik, Advocate for the Petitioner.
Mr.Rajendra Shirodkar, Advocate for Respondent No.3. Mr.D.P. Adsule, A.P.P. for the State.
CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ.
DATED : 19TH JANUARY, 2011.
P.C.
1. Heard Mr.Pradhan, learned Senior Counsel for the Petitioner. In
his submission, the matter requires to be examined in the context of the new developments after the transfer of investigation to Crime Branch. He submits that the newly appointed Investigating Agency arrested a person who was unconnected with the offence in question which fact has been deprecated by the lower Court while considering the remand application.
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Investigating Agency) to further investigate by invoking the powers under Section 173(8) of the Code in respect of C.R. No.189/2007 registered with Dr.D.B. Marg Police Station which case is subject matter of C.C. No.78/PW/2008 pending in the Court of Metropolitan Magistrate, Girgaon, Mumbai. Inspite of this limited relief the Court entertained the grievance of the Petitioner that the investigation was not properly handled by the then Investigating Officer. This Court by order dated 25th November, 2010 granted relief to the Petitioner which was not even prayed, by directing the Respondents-State to forthwith transfer the investigation of the case to the Crime Branch, Unit No.II, Mumbai to be investigated by Officer not below the rank of D.C.P.. The newly appointed Investigating Agency has taken over the investigation. In terms of the said order, the matter was to be notified on 20th December, 2010 only for reporting compliance regarding transfer of investigation to the new Investigating Agency.
(A. R. JOSHI, J.)
1 issue framed by the court
Whether the scope of the petition can be enlarged beyond the relief granted in the order dated 25th November, 2010.
1 provisions across 1 enactments
Umaima K. Chitalwala
State of Maharashtra
A.M. Khanwilkar
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
