Petitioner sought transfer of investigation. Court held relief infructuous as B+ Summary filed and noted alternate remedy of contesting it.,
The petition was dismissed with no order as to costs.
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jdk
1 cr-wp-547-11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRI. WRIT PETITION NO. 547 OF 2011
Mukesh Bhansilal Jhaveri
..Petitioner
Vs.
The State of Maharashtra and Anr. ..Respondents
Mr. P.D.Desai i/b Little & Co. for Petitioner Mr. A.S.Gadkari A.P.P. for the State Mr. I.A.Bhagaria Advocate for Respondents 2 and 3
CORAM : P.V.HARDAS AND M.N.GILANI, JJ.
DATED : MARCH 23, 2011
PER COURT:
1 By this petition under Article 226 of the Constitution of India the petitioner prays for transfer of the investigation of Crime No. 127 of 2009 from the present Investigating Officer to any other Officer or transfer the investigation to the State C.I.D. Mumbai. The learned A.P.P. states on instructions that on 25th February, 2011, `B+’ Summary has been filed in the aforesaid crime. The learned Magistrate has also issued notices to
the complainant and the notices are returnable on 4th June, 2011. In the light of filing of `B’ Summary, according to us, the prayer of the petitioner
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for transfer of the investigation does not survive any longer. The petitioner, apart from that, has an alternate remedy of appearing before the learned Magistrate and contesting `B’ Summary. In that light of the matter therefore since the relief which the petitioner has prayed for in this
petition has been rendered infructous, we dismiss the petition as such with no order as to costs.
[ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]
1 issue framed by the court
Whether prayer for transfer of investigation survives after filing of B+ Summary.
1 provisions across 1 enactments
Mukesh Bhansilal Jhaveri
The State of Maharashtra
P.V. Hardas
M.N. Gilani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
