Adv. Shri. Sadashiv Ambadas Gaike vs The State Of Maharashtra And ...
2021 Latest Caselaw 7335 Bom

                                                               903WP409.2021
                                      -1-

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD.

                  CRIMINAL WRIT PETITION NO. 409 OF 2021

 Shri. Sadashiv Ambadas Gaike                                  ...Petitioner

          Versus

 The State of Maharashtra & Anr.                               ...Respondents

                                    .....
 Shri. V. D. Sapkal, Sr. Advocate i/b Shri. Sandip R. Sapkal, Advocate
 for the petitioner
 Shri. D. R. Kale, Chief Public Prosecutor for respondent nos. 1 to 6
                                    .....

                                CORAM : RAVINDRA V. GHUGE
                                               AND
                                        B. U. DEBADWAR, JJ.

DATE : 06TH MAY, 2021

PER COURT : -

1. We have briefly heard the learned Sr. Advocate for the

petitioner and the learned Chief Public Prosecutor on behalf of the

respondents. As noted on the last occasion, the I.O. Ms. Manisha

Kulkarni, Deputy Superintendent of Police, CID, Aurangabad, had

tested Covid positive and as her father had succumbed to the same

infection, a substitute I.O. namely Shri. Santosh Jadhav is present in

the Court.

2. We have gone through the judgment delivered by this

Court on 18.09.2019 in Criminal Writ Petition No. 993 of 2019 and

SG Punde, PA

903WP409.2021

we have noted the observations of this Court from paragraphs no. 9

onwards and the conclusion of transferring forthwith the investigation

in Crime No. I-571 of 2017 registered with the Kranti Chowk Police

Station, Aurangabad, to the State CID, Pune. Though the learned

Chief Public Prosecutor has tried to canvass various aspects of the

investigation, we find that more than 18 (eighteen) months have

passed by, post the order of this Court of transferring the

investigation.

3. The grievance of the petitioner is that the investigation is

moving at snail's pace as several people's representatives and two

incumbent Ministers in the State Ministry are the accused. He draws

our attention to prayer clause 'B', 'C', 'D' and 'E', which read as

under :-

"B] To direct the CID Pune to conduct the investigation in Crime no. I-571 of 2017 in Police Station Kranti Chowk Aurangabad expeditiously considering the direction given by this Hon'ble court in criminal writ petition No. 993 of 2019 By issuing appropriate writ, order direction as the case may be.

C] To direct the CID Pune to conduct the investigation in Crime no I-571 of 2017 registered in Police Station Kranti Chowk Aurangabad expeditiously considering the direction given by this Hon by this Hon'ble court in criminal writ petition No. 993 of 2017 pending hearing and final disposal of this criminal writ petition.

D] To direct respondent no. 6, to submit progress report about investigation in Crime no I-571 of 2017 registered

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903WP409.2021

in Police Station Kranti Chowk, Aurangabad to this Hon'ble Court periodically By issuing Writ of Mandamus.

E] To direct respondent no.6, to submit progress report about investigation in Crime no I-571 of 2017 registered in Police Station Kranti Chowk, Aurangabad to this Hon'ble Court periodically, pending hearing and final disposal of this criminal writ petition."

4. The learned Chief Public Prosecutor submits that the

national lock-down from 24th March, 2020 which was lifted in

January-2021, needs to be considered by this Court before drawing

any conclusion that there has been delay in the investigation.

5. Considering the time span post the judgment of this

Court dated 18.09.2019 in Criminal Writ Petition No. 993 of 2019

and the grievance of the petitioner, which is raised since the

petitioner is apprehensive about the progress in the investigation over

the last 16 (sixteen) months, we deem it appropriate to direct the

State through its I.O. to file an affidavit-in-reply to intimate to the

Court as regards the progress made in the investigation. We expect

the progress report to be filed in this Court on or before the 8 th day of

June, 2021 with a copy for the petitioner. We are listing this petition

on 14th June, 2021 to consider the progress report. Upon perusing the

affidavit indicating the progress report, we would consider this

petition.

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903WP409.2021

6. We find it appropriate to mention that the I.O. shall keep

in mind the observations made by the learned Chief Judicial

Magistrate, Aurangabad, set out in paragraph no. 6 of his order dated

08.10.2018, which has been reproduced by this Court with its

approval in the judgment dated 18.09.2019.

7. Stand over to 14th June, 2021.

        [ B. U. DEBADWAR ]                    [ RAVINDRA V. GHUGE ]
                JUDGE                                 JUDGE




 SG Punde, PA