Disposed

Warisali Salauddin Chowdhry v. the State of Maharashtra and Anr.

Bombay HC1 Aug 2012WP/372/2012

Case brief

AI extract

What is this about?

This one-line order is a brief disposal of a Writ Petition where the Court returned an Inquiry Report, directed reinvestigation by a new agency, and noted pending departmental action. No substantive legal reasoning or precedent discussion was provided.

What did the court decide?

Petition disposed with liberty to raise issues if reinvestigation is not conducted earnestly; Court shall not act on previous police report.

Warisali Salauddin Chowdhry Vs the State of… — Writ and Judicial Review | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.372 OF 2012

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Warisali Salauddin Chowdhry ... Petitioner Versus The State of Maharashtra and others ... Respondents

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... Respondents

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Ms Naima Shaikh, Advocate i/b. Khan Abdul Wahab for the Petitioner. Mrs. Revati Mohite Dere, PP for the Respondent State.

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CORAM : A.M. KHANWILKAR & R. G. KETKAR, JJ.

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DATE : 1^ST AUGUST, 2012

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P.C . :

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The learned Public Prosecutor has handed over the Inquiry Report dated 31.07.2012 under the signature of the Deputy Commissioner of Police, Zone-X, M.I.D.C., Mumbai. We have perused the same and returned it back to the learned Public Prosecutor. We have noticed that the criminal case has been assigned to the A.C.P., Sakinaka, which is an independent investigating agency and the re-investigation of the case has been directed as ordered by this Court under the supervision of the D.C.P., Zone-X, M.I.D.C. We have also noticed that the appropriate departmental action is initiated against the concerned Investigating Officer and the assurance is given that the same will be taken to its logical end expeditiously.

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In the circumstances, nothing more requires to be done in the present Petition. Learned PP states that the re-investigation will be done in the right earnest and the suitable police report under Section 173 of the Cr.P.C.

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will be presented before the Court. The concerned Court shall proceed with the matter further, only after presentation of the fresh police report under Section 173 of the Cr.P.C. by the newly appointed investigating agency. In other words, the previous police report filed by the then Investigating Officer be ignored and not to be acted upon unless this Court were to so direct otherwise.

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The Petition is disposed of with liberty to the petitioner to raise all other issues, including the relief claimed in this Petition for the transfer of investigation, in the event, it is noticed that the newly appointed investigating agency is not investigating the case in the right earnest.

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(R. G. KETKAR, J.)

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(A. M. KHANWILKAR, J.)

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Minal Parab

Warisali Salauddin Chowdhry v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Warisali Salauddin Chowdhry v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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