Writ petition seeking transfer of investigation into an FIR alleging commission of Cheatting under Section 467 IPC to an independent agency was dismissed when Respondents clarified the accused is Indian and investigation is progressing.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 901 OF 2017
Amitkumar B. Shelake. ..Petitioner. Versus State of Maharashtra & Another. ..Respondents.
Mr. P. G. Sarda for the Petitioner. Mrs. A. S. Pai, APP for the State. Mr. S. L. Dubal, PI Shahapur Police Station is present.
Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ. Date : April 4, 2017 .
P. C. :
1 / 2
patilsr
concerned states that subject FIR was initially investigated by the officer of the rank of PSI, however now the investigation is transferred to the officer of the rank of Police Inspector. She also submitted that investigation in the subject FIR is being supervised by the Dy.S.P. Of Icchakaranji Division. She specifically stated that accused is not British national and he is resident of Surat. She also submitted that investigation so far carried out does not disclose commission of the offence punishable under section 467 IPC. Nevertheless investigation is still in progress and in case there is material to apply the said section, appropriate steps would be taken. Considering the statements made by learned APP, we do not find any reason to transfer the investigation of the subject CR. Writ petition is accordingly dismissed.
[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]
2 / 2
patilsr
3 issues framed by the court
Whether the FIR regarding commission of section 467 IPC should be transferred to an independent agency like State CID.
Whether investigation by the current police officer can be impugned as delaying justice against a foreign accused.
Whether the allegation that the accused is a foreign national (British) warrants transfer of investigation.
1 provisions across 1 enactments
Amitkumar B. Shelake
State of Maharashtra
Another
RANJIT MORE
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
