Abdulkadar Abubakar Khan And Ors vs The State Of Maharashtra And Ors
2017 Latest Caselaw 6149 Bom

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                                           Wednesday, 16.8.2017


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              CRIMINAL APPELLATE JURISDICTION

                   WRIT PETITION NO. 2440 OF 2017


AbdulKadar Abubakar Khan and Ors.                     ....Petitioners
     V/s.
State of Maharashtra and Ors.                         ....Respondents

                                    *****

Mr. A.S. Khandeparkar a/w. Mr. Lokesh Zade i/by.
Khandeparkar & Associates, Advocate for the petitioners.

Mrs. S.D. Shinde, APP for respondent, State.


                 CORAM :-           R.M. SAVANT &

                                    SANDEEP K. SHINDE, JJ.

                 DATE :-            16TH AUGUST,     2017.




P.C. :-

1. The above criminal writ petition has been

filed seeking a direction that the Investigating Agency

outside the jurisdiction of the Superintendent of Police,

District- Sindhurdurg to investigate and to record the

petitioners complaint and to investigate into the offence

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and afford justice to the petitioners. Petitioner no.1 is a

Retired Police Officer being Assistant Commissioner of

Police, Mumbai. It is averred in para-19 that, the

petitioners had approached the Deputy Superintendent of

Police in respect of their complaint of being assaulted by

their purchasers and their henchmen. However, no

cognizance was taken of the said complaints made by the

petitioners. In such an eventuality, the avenue by way of

an application under Section 154(3) Criminal Procedure

Code is open for a party to approach the higher authority.

The above petition, however, does not disclose that any

such approach was made by the petitioners to the higher

authorities, except the statement made in para-19. The

Learned APP, Mrs. Shinde, points out that, the

Superintendent of Police, Sindhudurg is Shri. Dixitkumar

Gedam. The Learned Counsel appearing on behalf of the

petitioners, Mr. Khandeparkar states that, a

representation would be made to the Superintendent of

Police, Mr. Gedam within 10 days from date in respect of

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the grievances of the petitioner. If any such

representation is made on/or before 30th August, 2017 the

Superintendent of Police, Sindhudurg, Mr. Dixitkumar

Gedam will personally look into the said complaint and

take appropriate decision thereon which he would

communicate to the police station concerned, as well as,

to the petitioners. With the aforesaid directions, the writ

petition is disposed of.

2. The parties to act on a copy of this order duly

authenticated by the Court Sheristedar.

(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)