Petition for transfer of investigation dismissed as chargesheet already filed. Court noted Section 319 CrPC availability for trial court to summon others, keeping contentions open.
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.
28-Wp-3572-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3572 OF 2023
Ranveer Zunzarrao Gaikwad And Anr. .… Petitioners Versus Union Of India And Ors. .… Respondents
Mr. Umesh H. Pawar a/w Mr. Sagar Sonawane, for the Petitioners.
Mrs. P. P. Shinde, A.P.P for the Respondents – State.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATE : 9th JANUARY 2024
P.C. :
investigation of CR. No. 61 of 2023, registered with Palus Police Station, District Sangali, to any other independent impartial investigating agency.
investigation have filed chargesheet in the said case, as against six
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28-Wp-3572-2023.doc
accused, named in the First Information Report (“FIR”), by the injured – Ranveer. She submits that as far as eye witnesses are concerned, their statements have also been recorded i.e. the statements of Indrajit Pawar and Dharamveer Gaikwad, have been recorded, both by the police and the Magistrate, under Section 161 and 164 of the Cr.P.C., on 1st April, 2023.
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28-Wp-3572-2023.doc
as eye witnesses to the alleged incident of assault.
further delve into the matter. Suffice to state, that it is always open for the trial Court to invoke Section 319 of the Cr.P.C., if a case is so made out, against any other person. We make it clear, that we have not examined the facts on merits and as such all contentions of all parties are kept open.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
Digitally signed CHAITANYAASHOKJADHAV by CHAITANYAASHOKJADHAVDate:2024.01.12 12:17:12 +0530
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1 issue framed by the court
Whether the investigation should be transferred to an independent agency?
1 provisions across 1 enactments
Ranveer Zunzarrao Gaikwad
Ranveer
Union Of India
Others
Revati Mohite Dere
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
