Disposed¶5

Atiya Sultan Abdul Kadir Kazi v. State of Maharashtra

Bombay HC22 Jan 2025WP/1434/2024

Case brief

AI extract

What is this about?

Transfer of investigation; MECR No. 2 of 2014; Sakinaka Police Station; Powai Police Station; Mumbai Crime Branch; hand-writing expert report; two conflicting handwriting opinions; departmental action/enquiry against PI Kamthe; PI Ganesh Patil; writ petition disposed of as nothing survives; IA 262 of 2025 disposed; all contentions kept open.

What did the court decide?

In view of the receipt of the hand-writing expert's report and the Police undertaking (statement accepted) to file an appropriate report before the concerned Court within four weeks, nothing survives for further consideration in the petition, which stands disposed of accordingly. ¶4

Atiya Sultan Abdul Kadir Kazi vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the investigation of MECR No. 2 of 2014, registered with Sakinaka Police Station, should be transferred to the Mumbai Crime Branch.

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Court's answer

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Ratio / Principle

In view of the disposal of the petition, nothing survives for further consideration in Interim Application No. 262 of 2025, which stands disposed of accordingly.

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Key takeaways

All contentions of all parties are kept open (expressed as needless to state, i.e., a rider to the disposal rather than a decision on merits).obiter¶8

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Coram: Revati Mohite Dere & Dr. Neela Gokhale, JJ. — Criminal Writ Petition No. 1434 of 2024, Atiya Sultan Abdul Kadir Kazi v. The State of Maharashtra, with Interim Application No. 262 of 2025, decided 25 February 2025. The petitioner had sought a direction to transfer the investigation of MECR No. 2 of 2014, registered with Sakinaka Police Station, to the Mumbai Crime Branch. By order dated 3 December 2024 the Court recorded that the investigation had already been transferred from Sakinaka to Powai Police Station; that documents had been sent to the hand-writing expert, two conflicting expert opinions having been given; and directed the expert to furnish his report within six weeks, while requiring information on any departmental action/enquiry against Mr. Kamthe, Police Inspector of Sakinaka Police Station. On the decision date the learned APP stated, on instructions, that the Police had received the hand-writing expert's report and would file an appropriate report before the concerned Court within four weeks; the statement was accepted. Holding that nothing survived for consideration, the Division Bench disposed of the petition and Interim Application No. 262 of 2025, expressly keeping all contentions of all parties open. No statute or precedent was discussed and no monetary quantum arises.

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Digitally signed by RUPALI RUPALI RAJESH RAJESH WAKODIKAR WAKODIKAR Date: 2025.02.28 12:10:10 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1434 OF 2024

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Atiya Sultan Abdul Kadir Kazi ...Petitioner Versus

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The State of Maharashtra ...Respondent

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WITH INTERIM APPLICATION NO. 262 OF 2025 IN CRIMINAL WRIT PETITION NO. 1434 OF 2024

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Atiya Sultan Abdul Kadir Kazi ...Applicant Versus The State of Maharashtra ...Respondent

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Mr. Prakash N Wagh for the Petitioner.

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Mrs. P.P.Shinde, A.P.P for the Respondent-State.

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Mr. Niranjan S. Mundargi a/w Mr. Suraj Gaikwad & Mr. Veerdhawal Deshmukh for the Intervenor/Applicant in IA/262/2025.

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PI – Ganesh Patil attached to Powai Police Station, present.

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CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. DATE : 25th FEBRUARY, 2025

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P.C. :

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By this petition, the petitioner seeks a directions to transfer

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the investigation of MECR No. 2 of 2014 registered with the Sakinaka

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Police Station to Mumbai Crime Branch.

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Wakodikar

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On 3^rd December, 2024, the following order was passed;

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“1. Learned APP states that the investigation of the said case has already been transferred from Sakinaka Police Station, Mumbai to Powai Police Station, Mumbai. She further states that the police of Powai Police Station, Mumbai, has sent documents to the hand-writing expert, considering that two deferring opinions were given by the hand-writing expert. She seeks time since the report of the hand-writing expert has not been received, till date.

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Since the documents in question were sent to the hand-writing expert more than a year ago, we direct the hand-writing expert to give his report, as expeditiously as possible, and in any event within six weeks from the date of receipt of this order.

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Stand over to 24^th January 2025.

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Learned APP to inform us on the next date, whether any departmental action/enquiry has been initiated against Mr. Kamthe, Police Inspector of Sakinaka Police Station, Mumbai.

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