Bhaskar Daji Chalke v. State Of Maharashtra

CAJ 31-Wp-1068-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1068 OF 2022 Bhaskar Daji Chalke ... Petitioner V/s.

The State Of Maharashtra ... Respondent Mr. Mahesh Vishwakarma, Mr. Akshay Chavan i/b Mr. Ranjeet Chouhan for Petitioner.

Mr. Ajay Patil APP, for Respondent-State.

Mr. Sachin Lokhande, API, Crime Branch, Mumbai Railway is present. CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 11th JANUARY, 2023.

P.C. :

1.

By the present Petition, Petitioner i.e. father of deceased Rohit Chalke has sought relief of further investigation in C.R. No.49 of 2015 registered with Panvel Railway Police Station, by Crime Branch Mumbai or any other agency as this Court may deem fit.

2.

Today, learned APP has produced on record report of investigation dated 11th January, 2023 duly signed by Mr. Sachin Lokhande, Assistant Police Inspector, Crime Branch, Railway, Mumbai addressed to Public Prosecutor, High Court, Mumbai.

Perusal of report would clearly indicate that, the concerned officer of crime branch has put in substantial efforts in unearthing the crime and to trace out the assailant/s of Master Rohit Chalke i.e. son of Petitioner. It is stated that, investigating agency has recorded statements of 31 1/2

CAJ 31-Wp-1068-2022.odt witnesses. C.D.R. of various persons have also been analysed. That, despite putting in best efforts, the assailant/s could not be identified and traced out till date. That, accordingly 'A-Summary' report has been filed in the Court of Judicial Magistrate First Class, Railway Court, Kalyan, District Thane on 30th July, 2016. That, Trial Court has accepted the said summary report dated 30th January, 2017.

4.

As, police have submitted 'A-Summary' report, it is needless to mention that, the Police will continue their efforts in tracing out the assailant of Rohit Chalke and as soon as they are traced out, Police will take appropriate measures as per law in that behalf. 5.

In view of the above, we do not feel it necessary to transfer investigation of present crime from Crime Branch, Railway, Mumbai to any other Agency, atleast at this stage.

6.

Petition is disposed off in aforesaid terms.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2