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Bombay High Court
Sheetal Devang Shah vs The State Of Maharashtra And Ors on 8 May, 2020
Bench: R.P. Mohite-Dere
Digitally signed byShagufta Shagufta Q. PathanQ. Date: wp.3402.19.docPathan 2020.05.08 19:05:56 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3402 OF 2019 Sheetal Devang Shah …Petitioner Versus The State of Maharashtra & Ors. …Respondents WITH INTERIM APPLICATION NO. 1 OF 2019 AND CRIMINAL APPLICATION NO. 2 OF 2020 (NOT ON BOARD) Ms. Sheetal Shah, Petitioner in-person Mr. S. R. Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.
FRIDAY, 8th MAY 2020 P.C. :
1 By the aforesaid interim application and criminal application, the applicant/petitioner, who appears in-person has made several grievances as against the Investigating officer-ACP Ms. Asmita Bhosale, amongst other grievances. In an earlier petition filed by the petitioner i.e. Writ Petition No. 1135/2019, this Court having considered the allegations and counter allegations levelled by the petitioner therein i.e. Sheetal Shah, was of the view that the interest of justice would be served if the petition i.e. Writ Petition No. 1135/2019 is treated as representation to the Commissioner of Police and as such directed the Commissioner of Police to take cognizance of the said writ petition within four weeks from the date SQ Pathan 1/3 wp.3402.19.doc of the order. Since multiple reliefs are sought in the petition, in particular, transfer of investigation of all five FIRs registered with different police stations, this Court directed that the investigation of all the five FIRs be assigned to a responsible high ranking officer, not below the rank of A.C.P and on such officer being designated to investigate, the petitioner was directed to cooperate with the said investigation. The said order was passed on 4th June 2019 and was disposed of with the aforesaid direction. 2 The grievance of the applicant/petitioner in both the aforesaid applications is that there is a threat to her life and to her children and that the Investigating Officer Ms. Asmita Bhosale and other Officers are not investigating the matter in accordance with law. The petitioner has made several allegations of corruption as against some of the officers. According to her, the said investigation in the five FIRs is not being conducted in a fair and impartial manner.
3 Since earlier in Writ Petition No. 1135/2019, this Court had directed the Commissioner of Police to treat that petition in its entirety as a representation to the Commissioner of Police and the Commissioner of Police was directed to take cognizance of the said representation (petition) within four weeks, it would be appropriate that the aforesaid interimSQ Pathan 2/3 wp.3402.19.doc application No. 1 of 2019 and criminal application No. 2 of 2020, in its entirety, also be treated as a representation to the Commissioner of Police. On a representation being made by the petitioner, the Commissioner of Police is requested to take cognizance of the said representation at the earliest and in any event, within four weeks from today and consider the same, on its own merits.
4 Stand over to 12th June 2020. 5 All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary. REVATI MOHITE DERE, J.SQ Pathan 3/3