Disposed

Khalil Patel Munir Patel and Ors. v. the State of Mah and Anr.

Bombay HC18 Jul 2013APPLN/4278/2012

Case brief

AI extract

What is this about?

High Court disposed of a criminal application regarding investigation delays. The Court directed the State to issue instructions for verifying the status of pending investigations in serious crimes where charge-sheets remain pending beyond three months.

What did the court decide?

Directions issued to State to verify and take action on pending investigations exceeding three months; Criminal application disposed of upon confirmation of charge-sheet filing.

Khalil Patel Munir Patel and Ors. Vs… — Constitutional and Fundamental Rights | Bombay HC (2013)

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1 cr application 4278 of 2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Criminal Application No.4278 of 2012

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Khalil Patel s/o. Munir Patel & Others. .. Applicants.

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Versus

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The State of Maharashtra & Another. .. Respondents.

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Shri. B.N. Gadegaonkar, Advocate, for the applicants. Smt. A.V. Gondhalekar, Additional Public Prosecutor, for respondent No.1.

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Shri. R.P. Bhumkar, Advocate, for respondent No.2.

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CORAM: NARESH H PATIL & A.I.S. CHEEMA, JJ. DATE : 18^th JULY 2013

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ORDER:

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Heard.

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Consequent to the order passed by this Court, the learned Additional Public Prosecutor has taken instructions and makes a statement, based on a communication received dated 11-7-2013 to the effect that, the Superintendent of Police, Nanded has called for

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2 cr application 4278 of 2012 explanation from the investigating officer in respect of reasons for not completing investigation within reasonable time. The learned APP, on instructions, submits that charge-sheet in Crime No.32/2012 has already been filed on 10-7-2013 (charge sheet No.11/2013-RCC No.60/2013) in the Court of the Judicial Magistrate, First Class, Biloli.

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We appreciate the prompt steps taken by the Superintendent of Police, Nanded. The Superintendent of Police Nanded shall call for status report from the police stations in Nanded District in respect of pending investigation in serious crimes wherein report has not been filed for more than three months.

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The State and the concerned Commissioner of Police may issue appropriate instructions to the respective Superintendent of Police for verifying status of investigation of serious crimes wherein charge-sheet has not been filed for more than three months. If failure of filing of charge sheet is noticed, prompt action be taken by calling explanation from concerned investigating officer in that regard. Such exercise would enforce faith in the minds of people who have lodged complaint against

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3 cr application 4278 of 2012

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accused persons. Even accused persons are entitled to know as to whether the police is filing report or charge sheet against them within reasonable time. Prompt investigation in serious cases would minimize litigation during pendency of investigation.

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In view of the statement made by the learned Additional Public Prosecutor that charge sheet has already been filed, the applicants are at liberty to resort to appropriate remedies as permissible in law.

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The criminal application is disposed of. Registry to forward copy of this order to the Secretary, Home Department, Government of Maharashtra.

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Sd/- Sd/- (A.I.S. CHEEMA, J.) (NARESH H PATIL, J.)

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rsl

Khalil Patel Munir Patel and Ors. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Khalil Patel Munir Patel and Ors. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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