Bombay High Court
Mayur Manojkumar Bedmutha vs State Of Maharashtra And Others on 1 March, 2022
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
(1)
967 criwp-1313.2020.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
967 CRIMINAL WRIT PETITION NO.1313 OF 2020
MAYUR MANOJKUMAR BEDMUTHA
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
Mr. Yogesh Jadhav, Advocate for the petitioner.
Mr. S.J. Salgare, A.P.P. for the respondents.
...
CORAM : V.K. JADHAV AND
SANDIPKUMAR C. MORE, JJ.
DATE : 01-03-2022.
ORDER :
1. Heard fnalll with the consent of parties at the
admission stage.
2. The petitioner has approached to us bl fling the
present Writ Petition with praler C-1 reproduced herein
below:
"C-1 - Bl issuing a Writ of Certiorari, order,
directions of like nature be pleased to transfer
the investigation machinerl from respondent no.
3 to Crime Investigation Department (CID) or to
anl effective independent agencl in the event of
failure of the respondent no. 3 in conducting
free and fair investigation into the FIR bearing in
Crime No.12/2020 registered with Paranda
967 criwp-1313.2020.odt
Police Station, District : Osmanabad for the
offences punishable u/s 457, 380 r/w 34 of IPC
dated 09.01.2019".
3. Learned A.P.P. submits that at present the
investigation is completed and charge-sheet has been
submitted.
4. Learned Counsel for the petitioner submits that
the petitioner has raised 11 points in para 10-J as (i) to (xi).
We have carefulll gone through those points raised bl the
petitioner.
5. We are of the considered opinion that the
petitioner can approach the trial Court and fle appropriate
application for further investigation into the crime, if so
desired and the petitioner is also at libertl to raise the ground
for handing over investigation to anl other agencl in the said
application. It is for the trial Court to consider the said
application and issue appropriate directions in terms of the
provisions of Section 173 (8) of the Code of Criminal
Procedure.
6. Learned Counsel for the petitioner has placed his
reliance on the case of Rubabbuddin Sheikh vs State of
Gujrat and others reported in (2010) 2 SCC 200, wherein, in
para 79 the Supreme Court has made following observations.
967 criwp-1313.2020.odt
"79. In view of our discussions made hereinearlier
and the submissions of the learned Senior Counsel
for the parties and the Amicus Curiae and keeping
in mind the earlier various directions given bl this
Court to the Police Authorities of the State of
Gujarat and the materials on record, we are of the
view that although the charge sheet was submitted
but considering the nature of crime that has been
allegedll committed not bl anl third partl but bl
the police personnel of the State of Gujarat, the
investigation concluded in the present case cannot
be said to be satisfactorill held".
However, in the facts of the case cited above, the
Supreme Court has considered the nature of the crime that
has been allegedll committed not bl the third partl, but bl
the police personnel of the State of Gujrat and accordingll
held that the investigation concluded in the case cannot be
said to be satisfactorl. In view of the said discussion, the
Supreme Court has further directed the Central Bureau of
Investigation to carrl out the investigation. In para 78 of the
said judgment there is reference that in terms of the
provisions of Section 173 (8) of Cr.P.C. further investigation
was also conducted.
7. Learned Counsel for the petitioner has placed his
reliance on the case of Kashmeri Devi vs. Delhi
967 criwp-1313.2020.odt
Administration and another reported in 1988 CRI.L.J. 1800
wherein, in para 7 of the judgment the Supreme Court has
made the following observations :
"7. Since according to the respondents charge-
sheet has alreadl been submitted to the
Magistrate we direct the trial court before whom
the charge-sheet has been submitted to exercise
his powers under Section 173 (8), Cr.P.C. to direct
the Central Bureau of Investigation for proper
and thorough investigation of the case. On issue
of such direction the Central Bureau of
Investigation will investigate the case in an
independent and objective manner and it will
further submit additional charge-sheet, if anl, in
accordance with law. The appeal stands disposed
of accordingll".
In this case Supreme Court has directed the trial
Court before whom the charge-sheet has been submitted, to
exercise the powers under Section 173 (8) of Cr.P.C. to direct
the C.B.I. for proper and thorough investigation of the case.
8. In view of the above, considering the points
raised in this petition in para 10 - J, we direct the Court
before whom the charge-sheet has been submitted to exercise
the powers under Section 173 (8) of the Cr.P.C. bl
considering the grounds raised bl the petitioner in his
application for which we have granted him libertl and also
967 criwp-1313.2020.odt
consider the grounds of handing over further investigation
into the crime to different investigating agencies within the
State.
9. With this direction, the criminal writ petition is
disposed of.
(SANDIPKUMAR C. MORE, J.) (V.K. JADHAV, J.)
VD_Dhirde
