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february 2016

Supreme Court of India · 2016-02-10

HAMANT YASHWANT DHAGE vs STATE OF MAHARASHTRA .

Citation / case number
SC 2012/11831
Court
Supreme Court of India
Petitioner
HAMANT YASHWANT DHAGE
Respondent
STATE OF MAHARASHTRA .
Author
SHIVA KIRTI SINGH
Bench
SHIVA KIRTI SINGH M.Y. EQBAL

Judgment text excerpt

The Supreme Court held that the High Court's decision to entertain writ petitions for changing the investigating officer was improper, as it could lead to an influx of such petitions, thereby obstructing judicial functions. The Court reiterated that complainants should utilize the alternative remedy under Section 156(3) of the Cr.P.C. for proper investigation and monitoring by the Magistrate. The appeals were allowed, and the High Court's judgment was set aside, directing the Magistrate to ensure a proper investigation into the alleged offence.

HAMANT YASHWANT DHAGE vs STATE OF MAHARASHTRA . · Niyam