Mr Mukul Karandikar vs The State Of Maharashtra And ...
2017 Latest Caselaw 1514 Bom

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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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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.

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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.

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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

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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,

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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

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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

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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

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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

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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,

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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

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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

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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.

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(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