Bombay High Court
Arun S/O. Jagannath Patil vs The State Of Maharashtra on 17 January, 2020
Author: M.G. Sewlikar
Bench: T.V. Nalawade, M.G. Sewlikar
(1) 901 cri wp 1486.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 CRIMINAL WRIT PETITION NO.1486 OF 2019
ARUN S/O. JAGANNATH PATIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. S.P. Brahme h/f. Shah Mohit S.
APP for Respondents/State : Mr. M.M. Nerlikar
...
CORAM : T.V. NALAWADE &
M.G. SEWLIKAR, JJ.
DATE : 17.01.2020 P.C. :-
The petition is filed for a direction to respondents and particularly investigating agency to see that the Investigating Officer is transferred for fair and impartial investigation and a direction is also claimed to arrest the accused persons. This Court has heard both the sides and seen the papers of investigation.
2. In view of the material available and particularly the photographs of dead body and the description of the ligature mark this Court has made some orders and this Court asked the investigating agency to obtain second opinion also. The initial opinion was of hanging and the second opinion came to be of partial hanging. Though the Crime is registered for the offence ::: Uploaded on - 21/01/2020 ::: Downloaded on - 10/06/2020 00:43:37 ::: (2) 901 cri wp 1486.19 punishable under Section 302 of the I.P.C. the submissions made and the report submitted by the Investigating Officer to A.P.P. show that the Investigating Officer has taken a decision to file charge-sheet for the offence punishable under Section 306 and other offences like Section 498-A of the I.P.C. against the husband and his relatives. Submission is made that the parents of the husband are not yet arrested. This Court hopes that concrete steps will be taken immediately by police in that regard and Superintendent of Police will look in to the matter as the main accused is working as a police constable. It appears that he was not arrested for many days and now the Investigating Officer intends to file charge-sheet for offence of abetment of suicide when the crime was registered for the offence of murder.
3. It is up to the Investigating Officer to form an opinion about the crime committed. In view of the nature of material he has taken the decision of aforesaid nature. That is not the end of the matter. When the matter comes before the Court for trial the Court has every power to frame the charge in respect of the offence which appears to be committed. In view of this possibility this Court is expecting the Sessions Judge to see that the matter is assigned to Additional Sessions Judge or it is decided by the Sessions Judge if the charge-sheet is filed so that care will be taken in respect of the ::: Uploaded on - 21/01/2020 ::: Downloaded on - 10/06/2020 00:43:37 ::: (3) 901 cri wp 1486.19 material and forming opinion regarding the offence committed under particular section and for framing of the charge.
4. The report is taken on record. With the aforesaid observations, the petition is disposed of. Copy is to be sent to the Superintendent of Police for his perusal so that he can take further care in the matter. Authenticate copy to both the sides.
[M.G. SEWLIKAR, J.] [T.V. NALAWADE, J.]
mub
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