Bombay High Court
Saiba Sadiq Ali Jafri vs State Of Maharashtra And Anr on 26 August, 2022
Author: Sharmila U. Deshmukh
Bench: Revati Mohite Dere, Sharmila U. Deshmukh
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date: 28-WP-3031-2022.doc
2022.08.30
11:05:03
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3031 OF 2022
Saiba Sadiq Ali Jafri ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
Mr. Mihir Desai, Sr. Advocate i/b Ms. Lara Jesani for the Petitioner
Mrs. M. M. Deshmukh, A.P.P for the Respondent-State
ACP Mr. Prashant Dhole, Bhiwandi Division and Sr. PI Ms. Shital Raut
from Shantinagar Police Station, Bhiwandi, are present
Dr. S. T. Jogdand from Grant Government Medical College and Sir J.J.
Group of Hospitals, Mumbai, is present
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
FRIDAY, 26th AUGUST 2022 P.C. :
1 Mr. Prashant Dhole, ACP along with Ms. Sheetal Raut, Sr. PI attached to Shanti Nagar Police Station, Bhiwandi, are present in Court today.
SQ Pathan 1/4
28-WP-3031-2022.doc 2 During the course of submissions, it was noticed that till date, the post-mortem report has not been handed over by the J.J. Hospital to the police. According to the learned A.P.P, as the CA report is awaited, the post-mortem report has not been handed over. 3 We do not see any impediment in handing over the post- mortem report. It is always open for the doctors to reserve the opinion till the viscera report or histopathological report is received. The concerned doctor Dr. Jogdand from the J.J. Hospital is present in Court. He assures the Court that a copy of the post-mortem report will be handed over to the police, who, in turn, will hand it over to the learned A.P.P by 30th August 2022. Statement accepted. 4 It is open for the learned counsel for the petitioner to obtain the said report from the said police station on 31 st August 2022 or any date thereafter.
SQ Pathan 2/4
28-WP-3031-2022.doc 5 Learned A.P.P assures to hand over a copy of the inquest panchanama to the learned counsel for the petitioner during the course of the day.
7 Learned A.P.P to file an affidavit in reply. Affidavit to also deal with, as to why Magistrate inquiry was not conducted in the present case.
8 At this stage, Mr. Desai, learned senior counsel apprehends that because of the aforesaid petition, the police are likely to drag the family members of the petitioner in C.R. No. 85/2022 registered with the Shanti Nagar Police Station, Bhiwandi. He submits that the allegations according to the said complaint is that the deceased had attempted to assault one of the police officers. He submits that infact the investigation in the present case needs to be transferred to another agency, as the police of Shanti Nagar Police Station, Bhiwandi, are involved in the said case and are also investigating C.R. No. 85/2022. SQ Pathan 3/4
28-WP-3031-2022.doc The said submission will be considered on the next date after the affidavit-in-reply is filed by the learned A.P.P 9 Learned A.P.P to also produce the histopathological/viscera report by the next date, if made available by the said office. 10 Stand over to 23rd September 2022.
11 In the meantime, the police not to precipitate action against the family members of the petitioner in C.R. No. 85/2022. 12 All concerned to act on the authenticated copy of this order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J. SQ Pathan 4/4