Prabhu Sidramappa Hosmani v. Senior Inspector Of Police Vijapur Naka Police Station Solapur And ORS.

CAJ 24-Wp-1969-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1969 OF 2022 Prabhu Sidramappa Hosmani ... Petitioner V/s.

Senior Inspector Of Police Vijapur Naka Police Station Solapur And Ors.

... Respondents Mr. Priyal G Sarda for Petitioner.

Mrs. S. D. Shinde APP, for Respondent-State.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 10th FEBRUARY, 2023.

P.C. :

1.

In pursuance of Order dated 11th January, 2023, the Investigating Officer has produced before us the opinion given by the Medical Officer attached to Forensic Medicine and Toxicology Department, Dr. V. M. Govt. Medical College, Solapur dated 17th January, 2023. A photocopy of the same is taken on record. It is stated therein that, the injuries in column No.17 are not sufficient to cause death of deceased. That, it can not be specifically said that, the said injuries were caused due to beating/assaulting or while taking down the body of deceased from the hanging position.

2.

Perusal of record of investigation prima-facie indicates that, the investigation is being carried out in proper directions. 1/2

CAJ 24-Wp-1969-2022.odt 3.

In view thereof, we are not inclined to transfer the investigation of the present crime to any other agency. We however grant liberty to Petitioner to adduce necessary evidence before the Trial Court at the stage of trial, if required and as may be permissible under the provisions of law.

4.

Petition is disposed off in the aforesaid terms. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2