Indubai Parmeshwar Munde v. The State Of Maharashtra And ORS

pmw 1/2 wp-1750.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1750 OF 2017 Smt. Indubai Parmeshwar Munde

...Petitioner

Vs.

The State of Maharashtra & Ors.

...Respondents

---- Ms. Farhana Shah for the Petitioner.

Smt. S.D. Shinde, APP for the Respondent - State. ---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 4th NOVEMBER 2019.

P.C.:

Heard the learned counsel (appointed) and the learned APP. The grievance of petitioner - mother is death of her son Govind on 13th September 2013 is not a railway accident but murder. The learned counsel states that Govind had gone to Mumbai during Ganapati Festival with his friends and while coming back this accident has claimed to have occurred. We have heard the learned APP who relies upon affidavit of Shri Rajesh Akhade, Senior Inspector of Police. Affidavit reply shows that ADR 52 of 2013 was registered and an inquiry under section 174 of Cr.P.C. was also initiated. His grievance about nature of death has been made almost after two months by father and thereafter statement of mother has been recorded.

pmw 2/2 wp-1750.17.doc In written complaint to police or in statement no facts raising any doubt or suspicion have been brought on record. From report dated 4th March 2015 submitted by Senior Police Inspector to the Assistant Police Commissioner, it appears that appropriate inquiry was also conducted. It is not clear whether death has been accepted as railway accident and Railway Claims Tribunal or any other Authority has awarded any compensation to the petitioner. We keep that aspect open. As no case is made out, we find no merit in the prayer. No further inquiry is necessary. Petition is rejected.

(SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)