In a criminal writ petition, the High Court directed the Deputy Commissioner of Police to supervise the investigation of an FIR registered against the respondent, as the earlier inquiry report was rejected by the Magistrate.
Direction to Deputy Commissioner of Police to supervise the investigation of C.R. No. 338 of 2013.
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21WP642.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO. 642 OF 2015
Ms. Cynthia Fernandes
.. Petitioner
Versus
Sachin Raghoba Borkar & Ors.
.. Respondents
Ms. Monica Gomes i/b Birendra Kumar, Advocate for the petitioner Mrs. M. M. Deshmukh, APP for the State
CORAM:-RANJIT MORE & V. L. ACHLIYA, JJ. DATED : -21/08/2015
P. C.:
Heard learned counsel for the petitioner and learned APP for the State.
2 We find that on the basis of petitioner's complaint a FIR bearing C. R. No. 338 of 2013 is already registered by Mahim Police Station against respondent No. 1 for an offence punishable u/s 420 of IPC.
3 Mrs. Deshmukh, learned APP placed on record a report dated 21/8/2015 submitted by Senior Police Inspector, Mahim
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21WP642.15
Police Station and submitted that the said FIR filed by the petitioner was investigated and A-Summary Report was filed before the Magistrate. The concerned Magistrate, however, did not accept the report and directed further investigation in the matter. The learned APP submitted that in pursuance to the order of Magistrate, further investigation is carried. The efforts are being made to trace respondent No. 1-accused. The report discloses that investigation is being carried out in proper direction.
3 In the above circumstances, in our considered opinion,
the interest of justice would be subserved by directing Deputy Commissioner of Police, Zone-V to supervise investigation of C.R. No. 338 of 2013, registered with Mahim Police Station. Ordered accordingly.
4 Subject to above, the petition is disposed of.
(V. L. ACHLIYA, J.) (RANJIT MORE, J.)
md.saleem
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1 issue framed by the court
Whether supervision of investigation in an FIR under Section 420 IPC is necessary in the interest of justice.
Ms. Cynthia Fernandes
Sachin Raghoba Borkar
Ranjit More
V. L. Achliya
As recorded by the court registry
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