Criminal Application by the original Complainant/Intervener was rejected as misconceived. The Court held that a writ application for investigation transfer filed under intervention is not maintainable without substantive proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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33 cri appw 6.16 in wp as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.6 OF 2016 IN CRIMINAL WRIT PETITION NO.1404 OF 2014
Mohammed Aslam Ashraf Qureshi ….. Intervener IN THE MATTER BETWEEN Shashi K. Sharma ….. Petitioner V/s Director General of Police & Ors. ….. Respondents
None for the Applicant.
None for the Petitioner.
Mr. K.V. Saste, APP for the Respondent/State.
CORAM : A.S. OKA &
A.A. SAYED, JJ.
DATED : 10 OCTOBER 2016
ORDER:
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33 cri appw 6.16 in wp as.doc
2 This Application is made by the original Complainant. Hence, prayer clause (a) is completely misconceived. As far as prayer clause (b) is concerned, the Applicant will have to adopt substantive proceedings and the said relief cannot be considered in Criminal Application for intervention.
3 Subject to what is observed above, the Criminal Application is rejected.
(A.A. SAYED, J.) (A.S. OKA, J.)
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2 issues framed by the court
Whether a writ application for transfer of investigation filed by a complainant in an intervention capacity is maintainable.
Whether the prayer to retain the petitioner's name in C.R. IT 27/2013 is maintainable in this application.
Shashi K. Sharma
Director General of Police & Ors.
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
