Bombay High Court
Sudarshan Jeevanrao Salunke vs The State Of Maharashtra And Others on 11 October, 2022
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
901.PIL.12.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL PUBLIC INTEREST LITIGATION NO.12 OF 2022
SUDARSHAN JEEVANRAO SALUNKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Sudarshan Jeevanrao Salunke, party-in-person
APP for Respondent Nos.1, 3 and 4 : Mr. M.M. Nerlikar
Assistant Solicitor General for Respondent No.2 : Mr. Ajay G. Talhar
...
CORAM : MANGESH S. PATIL AND
ABHAY S. WAGHWASE, JJ.
DATE : 11.10.2022
PER COURT :
Heard both the sides.
2. A foul-play and involvement of investigating machinery are apprehended by the petitioner in respect of unnatural death of a woman.
3. Though pursuant to the directions of this Court on the last date the Sub-Divisional Police Officer, Shahada has filed affidavit-in-reply, the learned APP submits that sensitive information pertaining to the investigation has been disclosed since the affidavit was to be sworn. He submits that it would not be in the normal case scenario proper to disclose all these details which possibly could have an adverse effect on the investigation being carried out.
4. The petitioner in person submits that the names of the suspects were already disclosed in the news reports.
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901.PIL.12.22.odt
5. We do not intend to discuss this issue elaborately. The investigation is going on. Some information has been divulged which according to the investigating machinery and the learned APP is sensitive. We, therefore, direct that the affidavit-in-reply in both the sets to be kept in the sealed cover under the signature of the Registrar (Judl.) immediately.
6. The learned APP, on instructions, submits that the J.J. Hospital where the re-postmortem examination has taken place has still not given final opinion. The viscera was preserved and the samples have been sent to the forensic labs of Nashik and Dhule.
7. We call upon the concerned doctors from the J.J. hospital who have carried out the re-postmortem to give a provisional opinion without waiting for CA reports. We simultaneously direct the directors of the forensic labs at Nashik and Dhule to undertake the analysis of the viscera of the victim as early as possible and forward it to the doctors of J.J. Hospital. This exercise shall be concluded within a week.
8. List the matter on 18.10.2022 'high on board'.
9. Parties to act on the authenticated copy of this order.
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