1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.2873 OF 2005 CRIMINAL WRIT PETITION NO.2873 OF 2005 CRIMINAL WRIT PETITION NO.2873 OF 2005 Mrs.Shelly Sanesh Dhall ...Petitioner Mrs.Shelly Sanesh Dhall ...Petitioner Mrs.Shelly Sanesh Dhall ...Petitioner Vs. Vs. Vs. The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents ----- ----- ----- Mr. Ram B. Upadhyaya for Petitioner Mr. Ram B. Upadhyaya for Petitioner Mr. Ram B. Upadhyaya for Petitioner Mrs. A.S. Pai, A.P.P. for the State Mrs. A.S. Pai, A.P.P. for the State Mrs. A.S. Pai, A.P.P. for the State CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 31ST JANUARY, 2006 DATED: 31ST JANUARY, 2006 DATED: 31ST JANUARY, 2006 P.C. P.C. P.C. 1. Heard Mr. Upadhyaya learned Counsel for the 1. Heard Mr. Upadhyaya learned Counsel for the 1. Heard Mr. Upadhyaya learned Counsel for the Petitioner. The main prayer in this Petition as filed Petitioner. The main prayer in this Petition as filed Petitioner. The main prayer in this Petition as filed under the Constitution reads as under : under the Constitution reads as under : under the Constitution reads as under : a. " The Hon’ble Court may be pleased to a. " The Hon’ble Court may be pleased to a. " The Hon’ble Court may be pleased to issue writ of mandamus and/or certiorari to issue writ of mandamus and/or certiorari to issue writ of mandamus and/or certiorari to the police to discharge their statutory duty the police to discharge their statutory duty the police to discharge their statutory duty cast on them by law by arresting the accused cast on them by law by arresting the accused cast on them by law by arresting the accused and complete the investigation of the Offence and complete the investigation of the Offence and complete the investigation of the Offence expeditiously." expeditiously." expeditiously." 2. Mrs. Pai, learned A.P.P. has placed before 2. Mrs. Pai, learned A.P.P. has placed before 2. Mrs. Pai, learned A.P.P. has placed before us the written instructions she has received from the us the written instructions she has received from the us the written instructions she has received from the Kurar Police Station, Mumbai along with the report Kurar Police Station, Mumbai along with the report Kurar Police Station, Mumbai along with the report submitted to the Additional Chief Metropolitan submitted to the Additional Chief Metropolitan submitted to the Additional Chief Metropolitan Magistrate, 24th Court, Borivali by way of D-Summary Magistrate, 24th Court, Borivali by way of D-Summary Magistrate, 24th Court, Borivali by way of D-Summary and the next date fixed before the said Court is 2nd and the next date fixed before the said Court is 2nd and the next date fixed before the said Court is 2nd 2 February 2006. She also states that a separate notice February 2006. She also states that a separate notice February 2006. She also states that a separate notice had been issued to the complainant i.e. the present had been issued to the complainant i.e. the present had been issued to the complainant i.e. the present petitioner to appear before the Court below on 25th petitioner to appear before the Court below on 25th petitioner to appear before the Court below on 25th January 2006. The said matter is adjourned to 2nd January 2006. The said matter is adjourned to 2nd January 2006. The said matter is adjourned to 2nd February 2006, and it appears that the Petitioner will February 2006, and it appears that the Petitioner will February 2006, and it appears that the Petitioner will be heard by the learned Additional Chief Metropolitan be heard by the learned Additional Chief Metropolitan be heard by the learned Additional Chief Metropolitan Magistrate before passing any orders on the D-Summary Magistrate before passing any orders on the D-Summary Magistrate before passing any orders on the D-Summary report submitted by the Investigating Officer report submitted by the Investigating Officer report submitted by the Investigating Officer concerned. concerned. concerned. 3. Hence, there is no case to entertain this 3. Hence, there is no case to entertain this 3. Hence, there is no case to entertain this Petition as of now. Petition is rejected. Petition as of now. Petition is rejected. Petition as of now. Petition is rejected. (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.)