Deepali Mahesh Bhoir v. State of Maharashtra & Anr.
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
Judgment
******** Mr.Santosh Singh for Petitioner Mrs.M.H. Mhatre – APP for the State ******** CORAM: V.M. KANADE & P.D KODE, JJ. DATE: 19th March, 2012 P.C.
#1. By this petition, which is filed under Article 226 and 227 of the Constitution of India, the Petitioner is seeking an appropriate writ, order and direction, directing the police to register an FIR on the facts mentioned in the advocate's letter dated 29th October, 2011 to the Deputy Superintendent of Police, Vasai (West), Dist. Thane.
#2. After the said petition was filed, the police have 2 (WP 28 of 2012) registered an FIR and have arrested the accused and investigation is going on. The grievance of the Petitioner is that the FIR which is registered does not contain the allegations which are made by the advocate in his notice dated 29th October, 2011. It is, therefore, submitted that the investigation is not being properly conducted and the Respondents may be directed to register the FIR on the basis of the advocate's letter.
#3. We are not inclined to interfere with the investigation which is going on and it is always open for the Petitioner to file a private complaint before the appropriate Magistrate. Even otherwise, investigation is not yet over, chargesheet is not filed. Under these circumstances, it is not possible to interfere with the investigation which is being made by the police. Writ Petition is, therefore, dismissed with liberty to the Petitioner to take out appropriate proceedings. (P.D.KODE J.) (V.M. KANADE J.) V.A. Tikam 3 (WP 28 of 2012)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Which court decided this case, and when?
Bombay High Court, on 19 Mar 2012. The bench was P D KODE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.