Speakasia..latest courtcase detail- Bombay High Court Shephali 914.wp.1041.1042.13.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1041 OF 2013 WITH WRIT PETITION NO. 1042 OF 2013 Mr. Ravi Khanna. ....Petitioner Versus State of Maharashtra and another. ....Respondents ____________ Mr. A.H.H.Ponda i/b Mrs. Sandeep Karnik for the Petitioner in both Petitions. Mr. Pradeep Gharat, Special P.P. a/w Mrs. P. H. Kantharia, APP for the RespondentState in both Petitions. CORAM: S. C. DHARMADHIKARI & G. S. PATEL, J.J. DATED : SEPTEMBER 6, 2013. P.C.: There are two submissions which have been raised by Mr. Ponda during the course of his arguments. 2. Firstly, the investigations are being conducted by various police stations at Bombay and in Raigad, Ratnagiri and Sindhudurg Districts and Thane District. There seems to be no end to it and when the F.I.R. has been registered in the year 2011, two years down the line the requisite reports have not been filed in the 1 of 3 ::: Downloaded on - 17/09/2013 16:39:17 :::Bombay High Court Shephali 914.wp.1041.1042.13.doc Competent Court by the Investigating Officer. 3. The second submission is that when one F.I.R. is registered and the investigations therein are being conducted at an all India level, therefore, for the same alleged offence and the alleged conspiracy, there cannot be subsequent F.I..Rs inasmuch as the law is well settled that if there is one incident and one occurrence, then, there will be only one F.I.R. Any subsequent information in relation thereto will not enable registration of a second F.I.R. 4. We enquired with Mr. Gharat, learned Special PP, as to when the investigations are being concluded and how the grievance of the Petitioner in relation thereto can be redressed. After seeking instructions from the concerned authority, Mr. Gharat makes a statement that the Inspector General of Police, Konkan Region is an authority competent to supervise and monitor the investigations carried out by the police officers at Bombay, in Raigad, Ratnagiri and Sindhudurg Districts and equally in Thane District. Under his supervision, monitoring and control, he would ensure that prompt steps will be taken to conclude the investigations and to file the requisite report in the 2 of 3 ::: Downloaded on - 17/09/2013 16:39:17 :::Bombay High Court Shephali 914.wp.1041.1042.13.doc Competent Courts. He assures the Court that the IGP will personally look into all these grievances of the Petitioner and ensure compliance with the above statement. 5. In view thereof and in the light of the fact that the F.I.R. has been registered on 28th July 2011/10th August 2011, we do not deem it fit and proper to consider the second submission of Mr. Ponda and proceed to quash the F.I.R. at this stage. We would keep the second contention open for being raised before the appropriate Court at an appropriate stage. We clarify that we have not expressed any opinion in regard thereto. Writ Petition is disposed off with the above direction. (G. S. PATEL, J.) (S. C. DHARMADHIKARI, J.) 3 of 3
Posted on: Tue, 17 Sep 2013 11:40:13 +0000
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The pricks havent even passed the law
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