LAWS(BOM)-2024-8-64

SHAHRUKH ZIYA MOHAMMAD Vs. STATE OF MAHARASHTRA

Decided On August 30, 2024
Shahrukh Ziya Mohammad Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and with the consent of the learned Counsel appearing for the parties, the matter is taken up for final disposal.

(2.) This petition is filed in terms of Article 226 of the Constitution of India seeking a writ of mandamus for transferring the investigation to the State Crime Investigation Department (CID) for fair, proper and impartial investigation in the matter of first information report bearing Crime No.122/2024 registered with Tahsil Police Station, Nagpur, for the offence punishable under Ss. 304-A, 279, 337, 338 of the Indian Penal Code and Sec. 184 of the Motor Vehicles Act.

(3.) At the outset it can be stated that on the intervening night of 24/2/2024 to 25/2/2024 a lady namely Ritika Malu drove her car in excessive speed under influence of liquor. She gave dash to a two wheeler from behind, which took life of two youngsters. A crime, came to be registered at the instance of kin of one of the deceased. The aspect of arrest of Ritika Malu (accused) is entangled in legal process till date, to which we are coming shortly.