Chandrakant Govind Bonge v. The State Of Maharashtra And ORS

* 1/3 *

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4288 OF 2017 Chandrakant G. Bonge ....Petitioner V/s.

The State of Maharashtra & Ors.

....Respondents Mr. R.G.Panchal, Advocate for Petitioner.

Mr. K.V.Saste, APP for the Respondent-State.

****** CORAM :- CORAM :- RANJEET MORE & RANJEET MORE & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 7TH DECEMBER, 2017.

7TH DECEMBER, 2017.

P.C. :- P.C. :- Heard the learned counsel for the Petitioner and the learned APP for the State.

This Petition is filed seeking direction to the Respondents to lodge FIR on the basis of complaints at Pages 19, 20 and 21. Complaints at Page Nos.19 and 20 are similar and are addressed by the villagers of Tapkir Shetphal, Taluka: Pandharpur, District: Solapur to the Director General of Police. Both the complaints are dated 26.12.2014. Complaint at Page No.21 is dated 29.12.2014 made by the Petitioner to the Police Superintendent, Solapur District. In all the complaints, it is alleged that Jyotiram

* 2/3 * Vishnu Bonge, Popat Vishnu Bonge and Police Patil Dattatray Shankar Patil committed murder of Vishnu Ramu Bonge by strangulation and thereafter hanged the dead body to the tree. Since admittedly death of Vishnu Ramu Bonge was unnatural, it was obligatory on the part of their sons, Jyotiram and Popat to intimate the incident to the nearest police station. It appears that since it was not done, proceedings were initiated against these two persons under Section 176 of the IPC before the JMFC at Pandharpur, who after hearing all the concerned was pleased to hold Popat Vishnu Bonge guilty of the offence punishable under Section 176 and was imposed fine of Rs.500/- vide order dated 20.1.2015. The learned Magistrate came to conclusion that the deceased Vishnu Ramu Bonge committed suicide by hanging in A.D.enquiry. Be that as it may, the alleged incident had occurred on 25.12.2014. Though the Petitioner made a complaint on 29.12.2014 to the Police Superintendent but having heard nothing, he waited till 2017 and for the first time in September, 2017 filed the present Petition.

* 3/3 * The Petition is without merits and is, accordingly, dismissed.

(SANDEEP K. SHINDE, J.) (SANDEEP K. SHINDE, J.) (RANJEET MORE, J.) (RANJEET MORE, J.)