Important Point – Summons must be issued before the warrant is issued in a particular case.

Ranjit More, J.

1. The petition is filed for following reliefs :

(b) that this Hon'ble Court be please to issue a writ of mandamus or a writ in the nature of mandamus directing Khar Police Station to forthwith implement the order and directions dated 2nd September 2016 issued by the State Government through the Addl. Chief Secretary (Home) (Exhibit-D hereto) and transfer the said cases viz (I) FIR No.169 of 2016 registered on 4th April 2016 at the instance of Jaidev, (ii) the complaint dated 10th June 2016 filed by / MECR No.8 of 2016 registered at the instance of Kishore Chandiramani and (iii) the NC. No.1836 of 2016 registered on 11th July 2016 at the instance of Kunwar Singh, all with Khar Police Station, Mumbai to Crime Branch, Unit IX, Mumbai;

(c) by an order and / or direction of this Hon'ble Court, the investigation of the said cases viz. (I) FIR No. 169 of 2016 registered on 4th April 2016 at the instance of Jaidev, (ii) the complaint dated 10th June 2016 filed by / MECR no 8 of 2016 registered at the instance of Kishore Chandiramani and (iii) the NC. No. 1836 of 2016 registered on 11th July 2016 at the instance of Kunwar Singh, all with Khar Police Station, Mumbai be transferred to the Crime Branch, Unit-IX and/or any other independent investigating agency as this Hon'ble Court may deem fit and proper.

(c-i) That this Hon'ble Court be pleased to quash and set aside the letter dated 29th November 2016 issued by the Addl. Chief Secretary (Home) (being Exhibit- L hereto);

(c-ii) Be pleased that the inquiry / investigation in the FIR No. 169 of 2016 by the Khar Police Station, Mumbai and the charge-sheet purportedly lodged on 2.12.2016 before the Incharge Additional Chief Metropolitan Magistrate's 32nd Court at Bandra, Mumbai is malafide, illegal, biased, false and bad in law and direct a fresh investigation by an independent agency viz. CBI or State CID or Crime Branch;

(c-iii) That this Hon'ble Court be pleased to direct that further investigation in the said three cases viz (I) FIR No. 169 of 2016 registered on 4th April 2016 at the instance of Jaidev, (ii) the complaint dated 10th June 2016 filed by / MECR no 8 of 2016 registered at the instance of Kishore Chandiramani and (iii) the NC. No. 1836 of 2016 registered on 11th July 2016 at the instance of Kunwar Singh, all with Khar Police Station, Mumbai be stayed;

(c-iv) Be pleased to quash and set aside the Non-bailable warrant issued against the Petitioner by the Ld. ACMM, 9th Court, Bandra, Mumbai on 15th December 2016 in CC No. 2248/PW/2016.”

2. The facts giving rise to the present writ petition, in short, are as under :

Respondent No. 4 then a divorcee and the Petitioner then a spinster got married on 27th January 2005 in accordance with the provisions of Hindu Marriage Act, 1955. Respondent No. 4 had two children from the first marriage and from the present wedlock, the Petitioner and Respondent No. 4 have one daughter. It is the case of the Petitioner that after the solemnisation of their marriage, Respondent No.4 started insulting the Petitioner and treated her with cruelty with regard to which the Petitioner has filed separate complaint. In October 2015, Respondent No.4 filed divorce petition under the provisions of Hindu Marriage Act, 1955. It is the case of the Petitioner that in order to mount pressure upon her to succumb to demand for consenting to divorce, Respondent No. 4 himself and through others have filed following complaints against her on the basis of false and frivolous allegations.

[1] At the instance of Respondent No.4 FIR bearing CR. No.169 of 2016 was registered by Khar Police Station against the Petitioner and one another for alleged offence punishable under sections 328, 504, 323 read with 34 of the Indian Penal Code, 1860.

[2] MECR No. 8 of 2016 is registered against the Petitioner for the offence punishable under sections 406 and 420 of the Indian Penal Code, 1860 in pursuant of the order under section 156(3) of the Code of Criminal Procedure