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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO.672 OF 2017.
PETITIONERS : 1. Ukanda Kasna Rathod,
age 57 years, Occu: Agrist.
R/o Shendurjana - Adhav,
Tq.Manora, Distt.Washim.
2. Sau.Sunita Murlidhar Raut,
aged 40 years, Occu: Nil, R/o
Shendurjana - Adhav, Tq.Manora,
Distt.Washim.
..VERSUS..
RESPONDENT : State of Maharashtra, through
Police Station Officer, Asegaon,
Distt.Washim.
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Mr.P.S.Patil, Advocate for the petitioners.
Mrs.S.S.Jachak, Addl.Public Prosecutor for the State.
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CORAM : P.N. DESHMUKH, J.
DATE : 19th SEPTEMBER, 2017.
ORAL JUDGMENT :
1. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel of both the parties. ::: Uploaded on - 21/09/2017 ::: Downloaded on - 22/09/2017 01:35:41 :::
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2. Prayer in this petition is to direct the Investigating Officer, P.S.Asegaon, Distt.Washim to file supplementary charge-sheet in Crime No.45 of 2009 for the offence punishable under Sections 403, 409, 420, 465 read with Section 34 of the Indian Penal Code and till then to grant stay to proceedings being R.C.C.No.75 of 2013 pending on the file of learned Chief Judicial Magistrate, Washim. Lastly, it is prayed that impugned order dated 13th July, 2017 passed by learned Court of Chief Judicial Magistrate be quashed and set aside, by which request made by petitioners for directions to the Investigating Officer to file supplementary charge-sheet came to be rejected.
3. According to the learned counsel for petitioners, such a direction is necessary to be passed to the Police Station concerned, in view of submissions made by Investigating Officer on 17 th January, 2011 before the learned trial Court that supplementary charge-sheet shall be filed within stipulated period. It appears that inspite of such statement made by the Investigating Officer, no such supplementary charge-sheet is filed and therefore, petitioners who are accused before the trial Court, have filed application for direction to the Police Station Asegaon to file supplementary charge-sheet.
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4. Perusal of impugned order would reveal that the learned counsel who appeared for petitioners before the learned trial Court, failed to point out any provision under the Law, for issuing such directions to the Investigating Officer to file supplementary charge- sheet. Perusal of facts involved in the petition would reveal that this case is in respect of misappropriation of Government money. The FIR was lodged on 24th November, 2009. The Charge has been framed on 15th November, 2014. Apparently, the case is more than 5 years old. The petitioners/accused persons are requesting to direct the investigator to file supplementary charge-sheet against Bank Manger Natrajan. The accused persons have not pointed out that the non-filing of charge-sheet by the Investigator against the said Natrajan is coming in way of their defence or causing any prejudice to them.
5. In view of facts involved as aforesaid, there is no substance in the petition more particularly, if during the course of enquiry or trial it appears from the evidence that any person not being accused has committed any offence for which such person could be tried with the petitioners, the Court is always empowered to proceed against such accused person under Section 319 of the Code of Criminal Procedure. In view of facts as aforesaid and powers vested with the learned trial ::: Uploaded on - 21/09/2017 ::: Downloaded on - 22/09/2017 01:35:41 ::: cwp672.17 4/4 Court, petition is liable to be dismissed. Hence, petition stands disposed of as dismissed. Rule is discharged.
JUDGE chute ::: Uploaded on - 21/09/2017 ::: Downloaded on - 22/09/2017 01:35:41 :::