Ujawala Baban Wetam And ORS v. The State Of Maharashtra And ORS

11-wp-1659-16 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1659 OF 2016 Mrs. Ujwala Baban Wetam and ors.

.. Petitioners Vs.

The State of Maharashtra and ors.

.. Respondents Mr. Milind A. Ingole for petitioners.

Mr. K. V. Saste, APP for State.

CORAM: NARESH H. PATIL & NITIN W. SAMBRE, JJ.

DECEMBER 11, 2017.

P.C.

1.

The petitioner no.1 is a complainant on whose complaint an F.I.R. No. 143 of 2013 for offences punishable under Sections 3(1)(v) and (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Section 7(i)(d) of the Protection of Civil Rights Act and Sections 427, 504 and 506 of the IPC has been registered with Vishrambag Police Station, Sangli.

2.

After the investigation, charge-sheet came to be filed. By order dated 23/12/2014, the learned Ad-hoc District Judge -3 & Assistant Sessions Judge, Sangli framed charge under Sections 3(1)(v) and (x) of the of the Scheduled Castes and the Scheduled Tribes (Prevention of

11-wp-1659-16 Atrocities) Act 1989, Section 7(i)(d) of the Protection of Civil Rights Act and Sections 427, 504 and 506 of the IPC. The learned counsel appearing for the petitioners submits that investigation was not conducted properly. Police failed to collect necessary details, electronic record which would have strengthened the prosecution case for securing conviction of the accused persons.

3.

This petition came to be filed on 26/4/2016. It is informed that the charge is already framed.

4.

Without expressing any opinion on the merits, we observe that in case, during the trial, it is noticed that some further investigation is required, then appropriate steps could be taken in this regard. It is submitted by the learned counsel for the petitioners that an application was filed by the complainant for further investigation of the offence. In case such an application is pending with the police, they are also at liberty to look into that application and take appropriate steps in accordance with law.

5.

Petition is disposed of accordingly.

(NITIN W. SAMBRE J.) (NARESH H. PATIL,J.)