Bombay High Court
Edward Dsouza vs The State Of Maharashtra And Ors on 8 January, 2019
Author: Sarang V. Kotwal
Bench: Indrajit Mahanty, Sarang V. Kotwal
6 - WP. 5142-18.
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 5142 OF 2018
Edward D'Souza ... Petitioner
Vs.
State of Maharashtra ... Respondent
***
Mr. Wesley Menezes, for the Petitioner.
Mrs. M. M. Deshmukh, APP for Respondent - State.
***
CORAM : INDRAJIT MAHANTY, &
SARANG V. KOTWAL, JJ.
DATE : JANUARY 8, 2019
PC :
1. Heard the learned counsel for the Petitioner, and the learned APP appearing for the State. Perused the affidavit of the Superintendent of Police, district Palghar, dated 17 th December, 2018. We take note of the averments made in paragraph 17 and 18 of the said affidavit, which are as follows:
"17. As per the petitioner's complaint regarding the missing boy Shawn, I also personally inquired about the investigation. New team was also appointed for that on 15.12.218 and PSI Mane is heading the team.
18. I say that the police machinery is investigating the missing boy case and is taking into consideration all the angles with their sincere efforts to trace out the missing boy Shawn but till today he could not be traced out."1/2 ::: Uploaded on - 09/01/2019 ::: Downloaded on - 10/01/2019 23:22:20 :::
6 - WP. 5142-18.
2. The learned counsel for the Petitioner, on the other hand, submitted that the investigating officer has not given due attention to the various other aspects for investigation, including interrogation of the persons with whom the missing person had either called or sent SMS. He further submitted that CDR / IPDR details of all the persons in the call records of missing person are yet to be obtained, which may provide leads for investigation.
3. We take note of the fact that the Superintendent of Police has appointed a new team, headed by PSI Mane to take up the investigation. Consequently, we hope and trust that the team headed by PSI Mane will consider all the aspects pointed out by the Petitioner. The Petitioner shall cooperate as well as provide all the necessary support to the investigating officer. We also hope and trust that the Superintendent of Police will supervise the case in an appropriate manner in order to conclude the investigation at an early date. S. O. to 5th February, 2019.
4. Liberty is granted to the State to file an application for early listing of the matter if any development is made in the interregnum.
Sd/- Sd/-
[SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.]
Vinayak Halemath
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