cwp972.16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.972 OF 2016
Mr. Mukul Karandikar,
Age-42 years, Occu:Service,
R/o-202, Satved Complex, 2nd Floor,
Sardar Patel Stadium Road, Navrangpura,
Ahmedabad (GUJRAT)
...PETITIONER
VERSUS
1) The State of Maharashtra,
Through Secretary, Home Department,
Mantralaya, Mumbai,
2) Commissioner of Police,
Commissionerate, Aurangabad,
3) The Police Inspector,
Jawaharnagar Police Station,
Jawaharnagar, Aurangabad.
...RESPONDENTS
...
Mr. A.K. Bhosale Advocate for Petitioner.
Mr. S.B. Yawalkar, A.P.P. for Respondent
Nos. 1 to 3.
...
CORAM: S.S. SHINDE AND
K.K. SONAWANE, JJ.
DATE OF RESERVING JUDGMENT : 4TH APRIL,2017. DATE OF PRONOUNCING JUDGMENT: 7TH APRIL, 2017.
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cwp972.16 2 JUDGMENT [PER S.S. SHINDE, J.]:
1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.
2. This Criminal Writ Petition is filed with the following prayer :-
"b. By issuing writ of mandamus or any other writ of like nature or any direction directing the Respondents to hand over the investigation of Crime No.57/2013 registered at Jawahar Nagar Police Station to CBI, CID or any other competent Investigation Agency."
3. Learned counsel appearing for the Petitioner submits that the Petitioner is the unfortunate brother of Late Smt. Shruti Vijay Bhagwat who was brutally murdered by ruthless and brutal elements of the society on night intervening 17th April, 2012 - 18th April, 2012. ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 :::
cwp972.16 3 The ruthless and callous culprits after murdering Smt. Shruti, have even tried to dispose of her body by rolling the same in a cotton bed and setting it on fire. The said heinous murder took place at Flat No.1, Shrinath Apartment, Ulkanagari, Aurangabad, which is at a walking distance from Jawahar Nagar Police Station. The ruthless and heinous murder was exhibited on the early dawn i.e. 03.50 a.m. on 18th April, 2012 whereby the offenders have smashed the head of the deceased by sharp weapons. After murdering Mrs. Shruti, the offenders have tried to dispose off the body by setting it on fire. One of the resident came across the smoke coming out from the gallery because of fire from the said flat. Immediately Respondent No.3 was called and after carrying out the spot panchnama and inquest, the body was subjected to postmortem. Even Crime No.57 of 2012 was registered by Respondent No.3 on 18th April, 2012, for the offence punishable under Section 396 and 201 of the Indian Penal Code. ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 :::
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4. Learned counsel further submitted that husband of the deceased Shruti was serving abroad and her son was pursuing education at Pune at the time of the brutal incident. The murder mystery has been unsolved and unfolded since the date of unfortunate incident till today inspite of the fact that the Investigation Agency recording the statement of more than 500 peoples. The said callous and ruthless murder has deterred the residents of the locality and the failure of investigation in the said crime is making the people to lose hopes and belief in the Investigation Agency. The Petitioner, brother of the deceased, as cooperated with the investigation and has time and again inquired about the progress in the investigation. The offenders of such a heinous and brutal crime are to be nipped into bud and should be punished harshly which will set up an paradigm in the society. On a series of occasion the Petitioner inquired about the ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 5 progress of the investigation but to a great dismay, nothing has been reverted from any of the Respondents.
5. Learned counsel further submitted that, the Respondents have initially tried to investigate the crime thereby recording the statements of various people and also roping in Forensic Experts, but have failed to detect the crime. The Respondents have also sent the material collected from the place of crime for conducting DNA Finger Printing to Hyderabad based Center for DNA Finger Printing and Diagnostics. The Respondents have assured that they would be able to crack the case once the report would be received from the said office. But till date the Respondents have neither replied to the Petitioner about the report received from the said institution nor have detected the case to some or the other extent. The Petitioner has also addressed a communication dated 27th September, ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 6 2014 thereby complaining about the snail-moving progress of the investigation. The Petitioner has also averred about some of the clues and circumstances which would lead to the investigation, but the Respondents have not at all considered the same and even no reply was given to the said communication. Thereafter since 2014 till date there has been no fruitful investigation in the said matter and the incapability and failure on the part of the Respondents is evident. The Petitioner cannot make out the loss caused to him in any means and the only way he can console the soul of his sister by punishing the maniac who has brutally and ruthlessly killed her.
6. Learned counsel appearing for the Petitioner, relying upon the grounds taken in the Petition, submitted that, the Investigation Agency has utterly failed to investigate and resolve the crime. the incapability and incompetence at the hands of the Respondent - Investigation Agency has ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 7 shattered the normal human life of the locality. It is unfortunate and depressing to note that the Investigation Agency has utterly failed to investigate the crime and there is not even an inch of progress in the said investigation since 2012 and the Respondent Investigation Agency has failed to file the report under Section 173 of the Code of Criminal Procedure in the Court of law. The ubiquitous mentality of such ruthless offenders have become a pernicious, horrid and disgusting practice now a days. The consequences of non-curbing such a menace would be a disaster to the society at large. The gruesome and sordid assassination of the sister of the Petitioner is not at all disputed. Representations were made to the Investigation Agency by the Petitioner time and again and kept the follow up about the progress in the matter but the Investigation Agency has not affirmatively resolved the murder mystery. The run up of facts leading to the merciless murder of the deceased, the snail moving ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 8 speed progress of investigation, as well as the shoddy and purported investigation by the State Police as a casual completion of routine formalities, warrant a fair and impartial probe by the CBI or any other competent Investigation Agency. It is a matter of record that the police machinery has not filed the charge-sheet in the said crime till today and therefore the investigation can be handed over to the CBI or any other Investigation Agency. In support of his submissions, the learned counsel placed reliance on the exposition of law laid down by the Supreme Court in the case of Vineet Narayan and others vs. Union of India1.
7. Learned counsel appearing for the Petitioner, relying upon the additional affidavit filed by the Petitioner, submitted that, incriminating circumstances pointed out by the Petitioner and other relatives are not at all considered by the authorities to lead progress in 1 1996(2) S.C.C. 199 ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 9 the investigation. As regards maid Malta, the Petitioner has disclosed in the year 2012 itself, but there was no investigation made about her whereabouts. Surprisingly after filing of present Petition, police authorities claimed that they found her in the adjacent apartment and they interrogated but nothing found to be abnormal about her. Regarding Fabric Purchase receipt the Petitioner intimated through his first mail in the year 2012 itself but no investigation was carried out. Now Respondent - Investigation Agency is coming with the case that one of the policeman left said receipt at the place of incident inadvertently, which cannot be digestible. The fingerprints apparent on the various things such as broken chair, cupboards, mirror, liquor bottle etc. are not been used meticulously in order to treasure the mystery of murder.
8. Learned counsel further submitted that, the extra-ordinary power of the constitutional ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 10 Courts under Article 226 of the Constitution of India qua the issuance of direction to the CBI to conduct investigation must be exercised where it becomes necessary to provide credibility and instill confidence in investigation or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and for enforcing the fundamental rights. In support of his submissions, the learned counsel placed reliance on the observations of the Supreme Court in the case of Pooja Pal vs. Union of India (Special Leave Petition No.1458 of 2015, decided on 22nd January 2016).
9. Learned counsel lastly submitted that having regard to ruthless, callous and heinous act of the offender, his deterrence and subsequent damnation is imperative and for that, efficient investigation needs to be carried out. As there are prudent agencies available in our Country, ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 11 probe may be handed over to one of such agency as a final resort. It is submitted that in the above facts and circumstances, because of the perceived failure of the Respondent Authorities to affirmatively investigate the crime it is imperative to entrust the said investigation to the Central Bureau of Investigation (CBI) or any other competent investigation agency.
10. Pursuant to the notices issued to the Respondents, reply is filed by one Madhukar Manikrao Sawant, working as Police Inspector, Crime Branch, Commissioner of Police, Aurangabad.
11. This Court, on 8th March, 2017 granted time to the learned A.P.P. so as to seek the instructions from the Principal Secretary, Department of Home, Government of Maharashtra, whether the State Government is inclined to transfer the investigation in respect of Crime No.57 of 2012 to State C.I.D.
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12. The learned A.P.P. appearing for the State has, on 4th April, 2017, tendered across the Bar letter received from the Department of Home, Government of Maharashtra, Mantralaya, Mumbai, dated 3rd April, 2017 addressed to the learned A.P.P. The same is taken on record and marked as "X" for identification purpose. It is stated in the said letter that, the Commissioner of Police, Aurangabad has written letter on 30th March 2017 to Respondent No.1 and requested to transfer the investigation to the State C.I.D. Inspector General of Police, Maharashtra State has also recommended the transfer of investigation to the State C.I.D.
13. Keeping in view the grounds agitated by the Petitioner, the ratio laid down in the reported/unreported Judgments relied on by learned counsel appearing for the Petitioner, and the fact that the manner in which offence has been committed and an attempt to burn the dead body of ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 13 deceased Shruti, and considering the allegations made by the Petitioner that there was seizure of certain pieces of cloths of Police from the place of incident, we are of the opinion that ends of justice would be met in case the investigation is transferred to the State C.I.D.
14. As already observed, the Commissioner of Police, Aurangabad has requested for transfer of the said investigation and also the Inspector General of Police, State of Maharashtra has also recommended the case for transfer of the investigation to State C.I.D., and in turn the State Government has no objection to transfer the investigation to State C.I.D., we pass the following order:
O R D E R (I) In the peculiar facts and circumstances of the case, we direct Respondent No.1 to entrust the ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 ::: cwp972.16 14 investigation to the State C.I.D. forthwith. The said investigation be headed by the Superintendent of Police (C.I.D.), Aurangabad and overall supervision of the further investigation should be monitored by the Special Inspector General of Police (C.I.D.), Pune. The said authority shall constantly monitor the investigation and seek report after fortnight.
(II) New Investigation Team i.e. State C.I.D. to carry out the further investigation thoroughly and properly and take it to the logical end. (III) Since the crime was registered in the year 2012, an investigation be completed as expeditiously as possible, however, within SIX MONTHS from today. ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 :::
cwp972.16 15 (IV) With the above observations and directions, the Writ Petition stands disposed of.
15. List the matter for compliance of today's order on 10th October, 2017.
[K.K. SONAWANE, J.] [S.S. SHINDE, J.] asb/APR17 ::: Uploaded on - 07/04/2017 ::: Downloaded on - 08/04/2017 01:37:30 :::