bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 917 OF 2008 PETITION NO. 917 OF 2008 PETITION NO. 917 OF 2008 Smt.Asha Vasant Mhatre ... Petitioner v/s 1. The State of Maharashtra 2. Shri Nilesh Sawant 3. Mrs.Priyanka Nilesh Sawant ... Respondent Mr.Ganesh K. Gole for the petitioner. Mr.H.J.Dedhia, A.P.P. for the Respondent No.1 State. Ms.Vishranti Navale i/by Mr.A.S.Navale for respondent Nos.2 and 3. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 18TH JUNE, 2008 18TH JUNE, 2008 18TH JUNE, 2008 P.C. P.C. P.C.: 1. The petitioner has filed this petition against the order passed by the Judicial Magistrate First Class, 5th Court, Kalyan, Dist. Thane on 13.3.2008 in R.C.C.No.233 of 2007. This litigation has a chequered history. A complaint was filed by the petitioner against the respondent Nos.2 and 3 for the offences punishable under 420 read with Section 34 of the I.P.C. before the J.M.F.C., Thane. Respondent Nos.1 and 2 were discharged in that complaint. Consequently, the petitioner challenged this order by Criminal Writ Petition No.382 2 of 2006. The Division Bench of this Court on 1.3.2006 directed that if the petitioner approached the police station at Dombivali, Dist. Thane with a complaint setting out an offence punishable under Section 420 of the I.P.C. against respondent No.2 within a period of two weeks from that day, the Senior Inspector of Police of that police station should register the complaint and investigate into the same. This complaint has been lodged pursuant to the order passed by this Court on 1.3.2006. Criminal Writ Petition No.1753 of 2006 was filed by the respondent Nos.2 and 3 for quashing or de-registering the F.I.R./complaint registered by the Vishnunagar Police Station, Dombivali, Dist. Thane vide C.R.No.I-80/2006 against them for offences punishable under Section 420 read with Section 34 of the I.P.C. By the order dated 12.9.2006 in this writ petition, the Division Bench observed that a prima facie case had been made out by the petitioner and, therefore, directed that the investigation should be conducted by an officer of the I.P.S. Cadre not below the rank of D.C.P. since the accused i.e. the respondent No.2 herein was holding the rank of Senior Police Inspector. Respondent No.3 is the wife of respondent No.2. 2. After this order was passed, investigations were carried out and an application was filed for issuance of 3 non-bailable warrants before the J.M.F.C. By order dated 20.11.2006 the learned Magistrate directed that the Court which has jurisdiction over the Vishnunagar Police Station should hear the application since the investigation was carried out and a crime was registered by that police station. An application was then made before the J.M.F.C., Kalyan by the respondents herein contending that the Court had no jurisdiction to try the case as the offence allegedly had occurred in the jurisdiction of Navapada Police Station over which the J.M.F.C., Thane had the jurisdiction. On 13.3.2008, the J.M.F.C., Kalyan allowed the application and directed the Investigating Officer to file a charge-sheet in the proper Court for the jurisdiction. Hence this petition by the complainant. 3. It is evident from the orders passed by this Court that investigations were to be conducted by the Vishnunagar Police Station, Dombivali, Dist. Thane since the respondent No.2 is a member of the police force working at one of the police stations in Thane City and to rule out the possibility of him exercising any influence on the police during the investigations and trial. This Court held that it would be proper to direct the investigations to be conducted by the Vishnunagar Police Station, Dombivali, Dist. Thane and 4 not Navapada Police Station. Investigations are complete and the charge-sheet is to be filed. 4. In these circumstances, it is obvious that charge-sheet should be filed in the Court having jurisdiction over the police station which conducted the investigations i.e. Vishnunagar Police Station, Dombivali, Dist. Thane. The J.M.F.C., Kalyan, has incorrectly allowed the application filed by respondent Nos.2 and 3 and directed the investigating officer to file a charge-sheet in the proper Court. The Court of the J.M.F.C., Kalyan, would be the appropriate Court in view of the fact that investigations have been conducted by the Vishnunagar Police Station, Dombivali. 5. Accordingly, the order dated 13.3.2008 is set aside. Petition allowed. No order as to costs. 6. The police shall take appropriate action in the matter in order to expedite the case.