Bombay High Court
Vijay Gundappa Pujari vs The State Of Maharashtra And Ors on 28 January, 2021
Bench: S.S. Shinde, Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4501 OF 2018
Vijay Gundappa Pujari ]
of Mumbai, R/o. Room No.A/234, Vanjari ]
Chawl, Hanuman Nagar, Narsipada, Near ]
Fish Market, Akurli Road, Kandivali (E), ]
Mumbai - 400 101. ] ... Petitioner
Versus
1. The State of Maharashtra ]
(Through Office of the Commissioner ]
of Police, Crawford Market, Mumbai.) ]
2. Mr. Raju Laxman Kasbe, ]
Sr. Inspector of Police, Samta Nagar ]
Police Station, Kandivali (E), Mumbai ]
400 101. ]
3. Netra Mule, ]
Investigation Officer, attached to ]
Samta Nagar Police Station, Kandivali ]
(E), Mumbai - 400 101. ] ... Respondents
...
Mr. Aniket Vagal for the petitioner.
Ms. A.S. Pai, A.P.P. for the respondents-State.
...
CORAM: S.S. SHINDE &
MANISH PITALE, JJ.
DATED : 28TH JANUARY, 2021.
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JUDGMENT :- [Per: Manish Pitale, J.]
1. By this writ petition, the petitioner is seeking a direction to
respondent No.1 to transfer the investigation into an FIR registered at
his behest to any other investigating agency. The petitioner has further
sought a direction to initiate departmental enquiry against respondent
Nos.2 and 3 alleging that they have shown laxity and negligence in
undertaking investigation into the matter. A further prayer is made for a
direction to respondent No.1 to submit a report of progress of
investigation to Central Bureau of Investigation ("CBI").
2. A perusal of the writ petition and the documents on record would
show that the petitioner is the complainant at whose behest an FIR stood
registered on 28/12/2017 against the accused persons for allegedly
having trespassed into the suit property and assaulted the petitioner. It
appears that there is already a civil dispute pending between the parties.
The writ petition itself states that a suit for permanent injunction was
filed by the petitioner in the year 2015 against the accused persons for
restraining them from dispossessing the petitioner from the suit property.
3. It is also stated that on 24/08/2017, the suit was dismissed, against
which a First Appeal has been filed by the petitioner and it is pending. It
is in this backdrop that the petitioner submitted the complaint dated
28/12/2017 leading to registration of the aforesaid FIR. It is then
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claimed by the petitioner that no progress has been made in the
investigation and that therefore, the prayers made in the writ petition
deserved to be granted.
4. We have heard learned counsel appearing for the petitioner as also
learned A.P.P. appearing for the respondent-State.
5. The material on record does not justify the prayer for transfer of
investigation or initiation of departmental enquiry made on behalf of the
petitioner. The facts of the present case certainly, do not warrant any
direction for transferring the investigation to any other agency much less
the CBI. The rival parties are already embroiled in a civil litigation
which is pending in the form of First Appeal filed by the petitioner.
There is nothing on record to justify the prayers made on behalf of
petitioner and, therefore, we are not inclined to pass any order as sought
by the petitioner. Nonetheless, we are of the opinion, that the
investigation in the aforesaid FIR needs to be expedited and taken to its
logical end. Accordingly, the writ petition is dismissed.
6. The respondents are directed to ensure that the investigation is
expedited and taken to its logical end, at the earliest.
(MANISH PITALE, J.) (S. S. SHINDE, J.)
AJN
