Bombay High Court
Milind Anant Mobharkar vs The State Of Maharashtra And Ors on 28 February, 2017
Bench: S.S. Shinde
1051.16WP
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1051 OF 2016
Milind S/o Anant Mobharkar
Age : 55 years, Occ : Social Work,
R/o 474, Behind Anand Vihar Apartment,
Gaikwad Mala, Savedi Road, Ahmednagar,
Tq. & Dist. Ahmednagar.
..PETITIONER
VERSUS
1. The State of Maharashtra
Through its Chief Secretary,
Home Department,
Mantralaya, Mumbai-32.
2. The Director General of Police,
Maharashtra State, Mumbai - 39.
3. The Superintendent of Police,
Ahmednagar, Tq. & Dist. Ahmednagar.
4. The Police Inspector/Investigating Officer,
Kotwali Police Station,
Ahmednagar.
..RESPONDENTS
...
Advocate for petitioner : Mr.N.B. Narwade
PP for Respondent/State : Mr. A.B. Girase
...
CORAM : S.S. SHINDE &
K.K. SONAWANE, JJ.
RESERVED ON : 23rd February, 2017
PRONOUNCED ON : 28th February, 2017
JUDGMENT : (PER S.S. SHINDE, J)
Rule. Rule made returnable forthwith and
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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 appropriate writ, order,
or direction in the like nature, the
investigation in Crime No.I-162/2015
(R.T.C. No.678/2015) registered with
Kotwali Police Station, Ahmednagar dated
23.06.2015 for the offence punishable
under sections 326, 325, 143, 147, 148,
149, 506, 120(B) read with 34 of the
Indian Penal Code and under Sections
37(1)(3)/135 of the Bombay Police Act
may kindly be transferred to the Crime
Bureau of Investigation or Crime
Investigation Department with further
direction to carry out the further
investigation and Shivaji Bhanudas
Kardile be made an accused in the Crime
No.I-162/2015 registered with Kotwali
Police Station.
3. Pursuant to the notices issued to
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the respondents, the respondents have filed
affidavit in reply. On 5th October, 2016 the
Public Prosecutor, on instructions, made a
statement before this Court that, the
Superintendent of Police, Ahmednagar will
call the entire investigation papers and then
will try to address the grievance of the
petitioner. It further appears that, on 13th
October, 2016, it is informed to this Court
that, the Superintendent of Police,
Ahmednagar has appointed Additional
Superintendent of Police for further
investigation. This Court on 6th December,
2016 passed detailed order and sought
response of the respondents why the
investigation of Crime No.I-162/2015
registered with Kotwali Police Station should
not be entrusted with C.I.D./Special
Investigation Team at the State Level or
C.B.I., as the case may be. Mr. Dr. Saurabh
Neelkanth Tripathi, working as Superintendent
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of Police, Ahmednagar has filed affidavit in
reply. It is stated in the said affidavit in
reply that, the Sub-Divisional Police
Officer, Ahmednagar was appointed for enquiry
about the grievance raised by the petitioner
in respect of not conducting the proper
investigation in Crime No.I-162/2015. The
Sub-Divisional Police Officer on 8th October,
2016 submitted report to him. Considering the
said report, he came to the conclusion that,
there is negligence on the part of the
Investigating Officer, and therefore,
direction was given to the Sub-Divisional
Police Officer to conduct preliminary enquiry
about the conduct of the Investigating
Officer. The Sub-Divisional Police Officer
conducted preliminary enquiry and submitted
report that, the Investigating Officer was
negligent while conducting the investigation
in the aforementioned crime. The Sub-
Divisional Police Officer has submitted the
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report to that effect on 7th January, 2017.
The said report was forwarded to the Special
Inspector General of Police, Nashik thereby
requesting to conduct departmental inquiry of
the Investigating Officer, who was negligent
in performing his duties.
4. The Principal Secretary, Home
Department has also filed the affidavit in
reply and stated that, the State has no
objection for further investigation through
independent investigation agency like the
State CID in the aforementioned crime. The
respondent authorities themselves found that,
there was no proper investigation and
grievance raised by the petitioner is genuine
and the State has no objection to transfer
the further investigation of Crime
No.I-162/2015 to the State C.I.D.
5. Keeping in view the seriousness of
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the allegations made in the F.I.R. against
the sitting M.L.A. by the informant i.e. the
petitioner and also it is revealed in the
enquiry conducted by the Sub-Divisional
Officer, Ahmednagar that the Investigating
Officer has not caused the proper
investigation, we are of the opinion that,
the investigation needs to be done
thoroughly, properly and impartially.
Therefore, in the peculiar facts and
circumstances of the case, we direct the
respondent no.1 to entrust the investigation
to the State C.I.D. forthwith. The overall
supervision of the further investigation
should be monitored by the Special Inspector
General of Police, Pune. The said authority
shall constantly monitor the investigation
and seek report after fortnight. Depending
upon the outcome of the investigation, the
new investigation Team i.e. State C.I.D. to
take appropriate decision about filing
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Supplementary charge-sheet, if any. Till
then, the further proceedings in R.T.C.
No. 678/2015 pending on the file of the
Judicial Magistrate, First Class, Ahmednagar
shall remain stayed.
6. The State C.I.D. shall conduct and
complete further investigation, as
expeditiously as possible.
7. With the above observations, the
Criminal Writ Petition stands disposed of.
After completion of further investigation and
outcome of such investigation shall be
communicated to the Public Prosecutor of High
Court of Bombay, bench at Aurangabad.
8. List the matter for compliance of
today's order on 14th June, 2017.
(K.K. SONAWANE, J.) (S.S. SHINDE, J.)
...
sga
