The High Court, in a writ petition seeking direction to add murder charges and reinvestigate a case alleging misstatements, declined to exercise discretionary power. The court held that trial had commenced and re-investigation would be futile after seven years, advising the petitioner to approach the trial court.
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.
SMITA Digitally signed by SMITA JOHNSON JOHNSON GONSALVESDate: 2021.10.11 GONSALVES 12:50:22 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3403 OF 2019
Madhuri Dattatray Whaval .. Petitioner v/s.
The State of Maharashtra & Anr. .. Respondents
Mr. Ranjeet M. Pawar, for the Petitioner.
Mr. J.P. Yagnik, APP for State.
CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.
DATE : 8 OCTOBER 2021.
P.C:-
The Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ to direct Respondent No.1 through Senior Inspector of Police, Baramati to transfer FIR No.298 of 2014 registered for the offences punishable under Section 279, 304(A), 337 and 338 of IPC and also to direct Respondent No.2 CID to add Section 302, 364 of IPC.
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her son died in road accident. With these assertions, the Petitioner has invoked writ jurisdiction.
4. The writ petition is, accordingly, disposed of.
(SARANG V. KOTWAL, J.)
(NITIN JAMDAR, J.)
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2 issues framed by the court
Whether the High Court should direct the police to add charges of murder and kidnapping against the accused or reinvestigate a case where a re-investigation request is made seven years after the incid
Whether the writ jurisdiction is appropriate for seeking a re-investigation order at this stage of the trial.
Madhuri Dattatray Whaval
The State of Maharashtra
Nitin Jamdar
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
