Disposed
Protection of Rights Association v. the State of Maharashtra and Anr.
Bombay HCWP/40/2013
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kps
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.40 OF 2013
Protection of Rights Association. ..Petitioner -Versus- The State of Maharashtra and another. ..Respondents
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Mr.Aniket Nikam a/w Ms.Kavisha Shah i/by India Law Alliance, for the Petitioner.
Mr.J.P.Yagnik, APP, for the Respondent/State.
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CORAM : S. C. DHARMADHIKARI AND G.S. PATEL, JJ.
Date : 12th September 2013.
P.C.:
1 This Court has passed an order on the earlier occasion in which we had expressed our concern for the delay in forwarding an opinion by the experts in the field and particularly those attached to Sir J.J. Group of Hospitals, Mumbai.
2 Now, the Registrar (Judicial) of this Court has received a communication from the Dean of Sir J.J. Group of Hospitals, Mumbai enclosing a sealed cover containing the opinion of the Medical Board. Though we have opened the packet/sealed cover containing the opinion/report, we are of the opinion that the same be handed over to the Investigating Officer investigating the subject crime and it will be for him
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thereafter to take appropriate steps in accordance with law. Let the final report be filed by the Investigating Officer within a period of four weeks from today. We clarify that we have not expressed any opinion on the rival contentions and it would be open for the Petitioner to point out to the Competent Court all aspects of the crime registered at their instance or at the instance of parents of the deceased child. Thereafter, the Competent Court will pass appropriate orders in accordance with law.
3 After we have ensured that the investigations in the crime have proceeded and are now to be brought to an end, we need not keep this Writ Petition pending on our file. The Writ Petition is disposed of.
( G.S.PATEL, J.)
(S. C. DHARMADHIKARI, J.)
Protection of Rights Association
The State of Maharashtra
S. C. Dharwadhi, J.
G. S. Patel, J.
As recorded by the court registry
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