Shankar Hindurao Bhedase And ANR v. The State Of Maharashtra

35-wp-1305-16 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1305 OF 2016 Shankar Hindurao Bhedase and anr.

.. Petitioners Vs.

State of Maharashtra .. Respondent Mr. A. L. Bhise i/by Mr. H. S. Venegaonkar for petitioners. Mrs. G. P. Mulekar, APP for State.

CORAM: NARESH H. PATIL & PRAKASH D. NAIK, JJ.

AUGUST 30, 2016.

P.C.

1.

The husband of petitioner no.2 died in suspicious circumstances. He was found hanging to a tree. After investigating, the police filed charge-sheet against two accused persons for an offence punishable under Section 306 of IPC.

2.

The petitioner's contention is that, in fact, the husband of petitioner no.2 was murdered and scene was created to show that it was a case of hanging.

35-wp-1305-16 3.

Learned counsel for the petitioners submits that representations were made to various authorities but not action was taken. Learned counsel, therefore, prays for direction to respondent for further investigation under Section 173(8) of Cr. P. C. 4.

We have heard the learned APP and perused the record. 5.

Without expressing any opinion on merits, we direct that in case the petitioners submit a comprehensive representation to the Superintendent of Police, Kolhapur within two weeks for further investigation, the Superintendent of Police, Kolhapur shall call for the record, look into the matter and take appropriate decision on the said representation. The decision shall be communicated to the petitioners. 6.

Petition is disposed of accordingly.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL,J.)