Bombay High Court
Dr Virendrasingh S Tawade vs State Of Maharashtra on 2 January, 2025
Author: A.S. Gadkari
Bench: A. S. Gadkari
2025:BHC-AS:14-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1565 OF 2015
1) Ms. Smita Pansare
Age 47 years currently R/at: Plot No.
17, Ideal Society, Sagar Mal Shastri
Nagar, Kolhapur.
2) Dr. Megha Pansare,
Age 49 years R/at: Plot No. 17, Ideal
Society, Sagar Mal Shastri Nagar,
Kolhapur. .....Petitioners.
Vs.
State Of Maharashtra, through
the Additional Chief Secretary (Home),
Mantralaya, Mumbai 400 032. .....Respondent
WITH
CRIMINAL APPLICATION (APPW) NO.43 OF 2017
Ms. Smita Pansare & Anr. .....Applicants.
Vs.
State Of Maharashtra. .....Respondent
WITH
INTERIM APPLICATION NO.725 OF 2019
Dr. Megha Pansare,
Aged 53 years, r/o. Plot No.17,
Ideal Society, Sagar Mal,
Shastri Nagar,
Kolhapur. ....Applicant
In the matter between:-
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Smita Pansare & Ors. .....Petitioners.
Vs.
State Of Maharashtra .....Respondent
WITH
INTERIM APPLICATION NO.2645 OF 2022
Sharad Bhausaheb Kalaskar,
Age 29 year old,
Presently lodged at
Central Jail, Yerwada, Pune. ....Applicant/Intervenor
In the matter between:-
1) Smita Pansare
R/o Plot No.17, Ideal Society,
Pratibhanagar, Kolhapur-416008.
2) Medha Pansare,
R/o. Plot No. 17, Ideal Society,
Pratibhanagar, Kolhapur-416008. .....Petitioners.
Vs.
State Of Maharashtra,
through the office of Govt.
Pleader. .....Respondent
WITH
INTERIM APPLICATION NO.2647 OF 2022
Sharad Bhausaheb Kalaskar,
permanently residing at Kesapuri,
Tal- Daulatabad, Dist. Aurangabad
and at present lodged in Yerawada
Central Prison, Pune. ....Applicant/Intervenor
In the matter between:-
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1) Smita Pansare
R/o Plot No.17, Ideal Society,
Pratibhanagar, Kolhapur-416008.
2) Medha Pansare,
R/o. Plot No. 17, Ideal Society,
Pratibhanagar, Kolhapur-416008. .....Petitioners.
Vs.
State Of Maharashtra,
represented by Govt.
Pleader. .....Respondent
WITH
INTERIM APPLICATION NO. 1810 OF 2024
Dr. Virendrasingh S. Tawade,
presently lodged in Anda Cell,
Yerawada Jail, Pune-411 006. ....Applicant/Intervenor
In the matter between:-
1) Ms. Smita Pansare
Age 47 years r/o Plot No.17
Ideal Society, Sagar Mal
Shastri Nagar, Kolhapur.
2) Smt. Medha Pansare,
Age 49 years r/o. Plot No. 17,
Ideal Society, Sagar Mal,
Shastri Nagar, Kolhapur. .....Petitioners.
Vs.
State Of Maharashtra,
through the Additional Chief
Secretary (Home), Mantralaya,
Mumbai. .....Respondent
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___________________________________________
Mr. Anand Grover, Senior Advocate (Through VC) a/w Mr. Amit Singh, Mr.
Kabeer Pansare, Ms. Anasamah Sayed and Mr. Tanuj Kushare i/b Abhay
Nevagi & Associates for Petitioners.
Mr. Subhash Jha a/w Mr. Siddharth Jha, Ms. Apeksha Sharma, Mr. Sumeet
Upadhyay and Mr. Ashish Saxena i/b Law Global Advocates for the
Applicant in IA No.1810 of 2024.
Mr. Ashok Mundargi, Special P.P. a/w Smt. M.M. Deshmukh, Addl. P.P for
the Respondent-State.
Mr. Meena Jayant, IPS, IO-ATS present.
___________________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
RESERVED ON : 16th DECEMBER, 2024
PRONOUNCED ON : 2nd JANUARY, 2025.
JUDGMENT (PER A.S. GADKARI, J.):
-
1) Petitioners i.e. the daughter and daughter-in-law of late
Comrade Govindrao P. Pansare have invoked jurisdiction of this Court under
Article 226 of the Constitution of India, for a Writ of Mandamus or any
other Writ, Order or direction in the nature of mandamus, directing the
Respondent No.1 for appointing an independent Special Investigation Team
(SIT) led by the Additional Director General of Police and comprising of
Officers of the ranks of Inspector General of Police and other Senior Officers
of impeccable credentials to conduct an investigation into the conspiracy
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and gruesome murder of Shri. Govind Pansare, and to take all necessary
consequential steps, actions pertaining thereto and provide them necessary
facilities and support and to monitor the investigation to be carried out by
the SIT sought to be constituted through the present Petition till the
investigation is reached to its logical conclusion.
2) Heard Mr. Grover, learned senior counsel for the Petitioners.
Mr. Mundargi, learned senior counsel, Spl. P.P. for the State and Mr. Jha,
learned counsel for the accused Mr. Tawade. Perused entire record and the
Notes of Arguments tendered across the bar by the Advocate for the
Petitioners.
3) Record indicates that, Shri. Govind P. Pansare and his wife Smt.
Uma G. Pansare were shot at by two unknown assailants riding on a motor-
cycle, on a public road near the house of Shri. Pansare, at about 9.15 a.m.
on 16th February, 2015. Initially a crime bearing No.39 of 2015 under
Sections 307 r/w 34 of the Indian Penal Code and under Section 3(25) of
the Arms Act was registered with Rajarampuri Police Station, Kolhapur at
the instance of Shri. Mukund D. Kadam. Injured Mr. Govindrao Pansare
succumbed to injuries on 20th February, 2015 while undergoing treatment at
Breach Candy Hospital, Mumbai and therefore Section 302 of the IPC is
added to the crime.
3.1) Initially Rajarampuri Police Station, Kolhapur investigated the
crime and thereafter the investigation was transferred to Special
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Investigation Team (SIT), Kolhapur. That, under the supervision of
Additional Director General of Police (CID), Maharashtra State, Pune, the
investigation was conducted by the said SIT. During the course of
investigation names of 12 accused were revealed. The SIT arrested 10
accused persons and two accused namely Vinay B. Pawar and Sarang D.
Akolkar @ Kulkarni were reported to be absconding. That, initially a
charge-sheet was filed against the accused No.1, Sameer Gaikwad on 14 th
December, 2015 and subsequently, 4 supplementary charge-sheets have
been filed against the said 10 accused persons.
4) As the petitioners were of the view that, there was no major
headway in the investigation of the said crime, they filed Interim
Application No.2361 of 2022, for handing over the investigation of the
present crime to a dedicated team of ATS, Maharashtra. It was the
contention of the Petitioners that, the SIT failed to trace out the absconding
accused persons who were the actual shooters and there was no major
headway in the said investigation. This Court by a detailed Order dated 3 rd
August, 2022 passed in Interim Application No.2361 of 2022, directed the
Additional Director General of Police, ATS to constitute a team of ATS
Officers on similar manner, as constituted earlier and the said team to
include some of the Officers of SIT who have been investigating the said
case and are in the know-how of the investigation carried out, till the date
of passing of the said Order.
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4.1) Paragraph Nos.39 and 41 of the said Order are reproduced
hereinbelow for the sake of brevity.
"39. No doubt, SIT has taken steps, however, we do not find
any major headway being made in the said investigation.
Despite the efforts of the Officers of SIT, there is no
breakthrough. This Court in the aforesaid petition has
been monitoring the investigation since 2016. SIT has
been regularly submitting reports with respect to steps
taken to nab the shooters. However, till date, they are
absconding. The wait for the family of Comrade Pansare
has been long, for almost seven years. There is a
legitimate expectation not only for the family of Comrade
Pansare, but also the public at large, to see that the
perpetrators of the ghastly crime, are brought to book.
And, this is the responsibility of the investigating
machinery, which exists to preserve law and order. In the
present case, SIT and ATS, both are part of the
Maharashtra Police. The transfer of investigation, even
according to Mr. Nevagi, learned counsel for the
applicants and Mr. Mundargi, Special P.P., will not impede
the ongoing trial. We are of the opinion, that transfer is
necessiated to ATS to enable them to look at the
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investigation from their angle, as enough and more than
sufficient time was given to SIT by this Court. It is
necessary that investigation is taken to its logical end,
failing which, the perpetrators of the crime would be
emboldened."
"41. Accordingly, the Additional Director General of Police,
ATS, to constitute a team of ATS Officers on similar lines,
as constituted earlier, by SIT. The said team to include
some of the officers of SIT, who have been investigating
the said case and are in the know-how of the
investigation carried out, till date. The constitution of
the team shall be done at the earliest, and in any event,
within one week from the date of uploading of this
order."
5) Accordingly, the concerned Authority has constituted a team of
officers of ATS which is being headed by Mr. Jayant Meena, IPS,
Superintendent of Police, ATS. After transfer of the said case to the ATS, it
was renumbered as C.R. No.17 of 2022 on 19th August, 2022 under Sections
120(B), 302, 307 r/w 34 of the IPC and under Sections 3, 25 and 27 of the
Arms Act and further investigation was commenced. The said team headed
by the S.P. of ATS has carried out investigation on all relevant and material
aspects. Record further reveals that, on 28 th June, 2024 Petitioners along
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with their Advocate Mr. Kabir Pansare appeared at the office of the S.P.,
ATS, Pune and submitted a written representation. The contentions raised
and allegations made therein by the Petitioners have been duly verified and
investigated by the ATS.
6) Mr. Grover, learned senior counsel for the Petitioners submitted
that, the monitoring of investigation of the present crime, being conducted
by ATS, by this Court, is necessary for arrest of the said two absconding
accused persons. He submitted that, from the perusal of various earlier
Orders passed by this Court, it can be inferred that, earlier there was little
progress in the investigation and after the investigation was transferred to
ATS, it was properly conducted and the masterminds of the crime are
identified. That, earlier the process of the investigation was tardy and only
after monitoring of investigation by this Court, extra-ordinary efforts were
taken by the investigating agency. Therefore this is a case of extra-ordinary
nature and monitoring of investigation needs to be continued. He
submitted that, there is a common link between the four murder cases
namely of, Dr. Narendra Dabholkar, Comrade Govind Pansare (present
case), Professor M.M. Kalburgi and Ms. Gauri Lankesh and according to the
Petitioners, all the cases were coordinated and organized by same
mastermind. That, the investigation in that aspect is yet to be carried out
and therefore the monitoring of investigation of the present crime is
necessary. Mr. Grover, drew our attention to the observations made in
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paragraph Nos.75 and 108 of the Judgment dated 10 th May, 2024 passed in
Sessions Case No.706 of 2016 by the learned Additional Sessions Judge,
Pune. The said case was pertaining to the murder of Dr. Narendra
Dabholkar. He submitted that, it is observed in paragraph No.108 that, the
prosecution has failed to unmask the mastermind in the said case. He
submitted that, therefore also monitoring the investigation in the present
case is necessary. He therefore prayed that, the monitoring of the
investigation of the present crime being conducted by the ATS may be
continued by keeping the Petition pending.
7) Mr. Mundargi, learned senior counsel, Special P.P., on
instructions from the S.P. of ATS informed this Court that, all the allegations
made by the Petitioners as per their statements and/or their representations
given to the ATS have been in detailed investigated. That, apart from
tracing out two absconding accused, the investigation of the present crime
has been completed from all the angles.
7.1) He tendered across the bar a report dated 14 th November, 2024
duly signed by the S.P. of ATS, Pune in a sealed envelop. We have perused
the said report. Perusal of report indicates that, the concerned investigating
agency has thoroughly investigated present crime from all the angles and as
per the said investigating report two accused namely Vinay B. Pawar and
Sarang D. Akolkar @ Kulkarni are still absconding.
7.2) Mr. Mundargi, on instructions submitted that, the investigating
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agency would continue its efforts in tracing out and arresting the said two
absconding accused namely Vinay B. Pawar and Sarang D. Akolkar @
Kulkarni. He respectfully requested this Court, to pass necessary Orders in
the interest of justice.
8) Perusal of record and the confidential report submitted by the
Investigating Officer, i.e. the S.P. ATS, indicates that, the ATS has
investigated from all the angles the allegations made by the Petitioners in
their representation/statements and except the arrest of said two
absconding accused, nothing further remains to be investigated. The
investigating agency is making necessary efforts to arrest the said
absconding accused by carrying out further investigation as contemplated
under Section 173(8) of Cr.P.C.. It is thus clear that, the only aspect
remained to be investigated is, tracing of the said two absconding accused.
According to us, only for the purpose of arrest of absconding accused,
continuous monitoring of the further investigation by this Court under
Article 226 of the Constitution of India is not necessary. After the accused
persons are arrested, the investigating agency can report it to the trial Court
as per the provisions of Cr.P.C.
8.1) Record further reveals that, the trial of the present case has
already commenced and as on 16 th December, 2024, the prosecution has
examined 28 witnesses.
8.2) Mr. Mundargi, learned senior counsel, Special P.P., appearing
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for the State drew our attention to the fact that, the trial of the present case
could not be completed till date as the trial Court is listing the trial for
hearing once in 15 days. That, the accused herein are being represented by
various Advocates and to accommodate them as per their convenience, on a
particular date the trial Court is listing the Sessions Case No.3 of 2016
pending on the file of Additional Sessions Judge, Kolhapur once in a
fortnight and it is for that reason, till the date the trial of the present crime
could not be concluded.
9) At this stage, a useful reference can be made to few decisions
of the Hon'ble Supreme Court which have elucidated the principles
regarding monitoring of investigation by the Court.
9.1) In the case of Vineet Narain & Ors. Vs. Union of India & Anr.,
reported in (1998) 1 SCC 226, the Hon'ble Supreme Court has laid down
the ratio that, the task of the monitoring by Court would end, the moment a
charge-sheet is filed in respect of a particular investigation and that the
ordinary process of the law would then take over.
9.2) The Hon'ble Supreme Court in the case of Sushila Devi Vs.
State of Rajasthan & Ors., reported in (2014) 1 SCC 269, in paragraph
No.28 thereof, has held as under:-
"28. After analysing all these decisions, it appears to us
that this Court has already in a catena of decisions held and
pointed out that the monitoring of a case is continued till
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the investigation continues but when the investigating
agency, which is appointed by the court, completes the
investigation, files a charge-sheet and takes steps in the
matter in accordance with the provisions of law before a
competent court of law, it would not be proper for this Court
to keep on monitoring the trial which is continuing before a
competent court. Accordingly, we are of the opinion that
since the investigation has already been completed, charge-
sheet has been filed, trial has already commenced, it is not
necessary for this Court to continue with the monitoring of
the case in question."
9.3) The Hon'ble Supreme Court in the case of Shahid Balwa Vs.
Union of India & Ors., reported in (2014) 2 SCC 687 , has observed that, it
has taken the consistent view that once charge-sheet is submitted in the
proper Court, the process of court-monitoring investigation comes to an end
and it is for that Court to take cognizance of the same and deal with the
matter.
10) After taking into consideration the ratio enunciated by the
Hon'ble Supreme Court in the aforesaid decisions and applying it to the
facts of the present case, this Court is of the considered opinion that,
further monitoring of the investigation of the present crime is not
necessary.
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11) In view of the fact stated by the learned Spl.P.P. and recorded in
paragraph No.8.2 above, we direct the learned Judge of the trial Court to
expedite the hearing of the Sessions Case No.3 of 2016 and to conduct it on
daily basis.
12) Petition is accordingly disposed off in the aforesaid terms.
13) In view of disposal of Writ Petition, Criminal Application
(APPW) No.43 of 2017, Interim Application Nos.725 of 2019, 2645 of
2022, 2647 of 2022 and 1810 of 2024 do not survive and are also disposed
off.
(KAMAL KHATA J.) (A.S. GADKARI, J.)
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
2025.01.02
15:02:51 +0530
