Raghunath S/O Maroti Devkar v. The State Of Maharashtra And ORS

{1} 12 sr. no. crwp 112.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITON NO. 112 OF 2016 Raghunath Maroti Devkar ...PETITIONER versus The State of Maharashtra & ors.

...RESPONDENTS .....

Mr. L. S. Shaikh, Advocate for petitioner Mr. S. R. Yadav, AAP for Respondent State . . .

CORAM : S.S. SHINDE & K.K. SONAWANE, JJ.

DATE : 15TH DECEMBER, 2016.

PER COURT:

1] Heard learned counsel for the petitioner and learned APP for the respondents.

2] We have carefully perused the application filed by the applicant on 9.11.2015 before the API, Police Station, Ahmednagar. It appears that the grievance of the petitioner is that, though the investigation is conducted in the direction that son of the petitioner met accident and died, however, there is no damage to the vehicle.

3] The petitioner suspects that his son has not died due to accident but his death is homicidal. In that view of the matter, in our opinion, ends of justice would be met in case the respondent No.2 is directed to look into the grievance of the petitioner, as expeditiously as possible, however, within a period of 4 weeks from today, after summoning the investigation papers from the concerned Investigation Officer and after satisfying himself, the Superintendent of Police either direct further

{2} 12 sr. no. crwp 112.16.odt investigation or otherwise.

4] We make it clear that we have not expressed any opinion on merits of the matter. However, we hope and expect that the Superintendent of Police will take final decision within a period of 4 weeks from the date of receipt of copy of this order. We make it clear that in case the petitioner is not satisfied with the investigation of the respondents, petitioner has a remedy to apply before the Court of Judicial Magistrate First Class for further investigation.

5] With the above observations, writ petition stands disposed of. Parties to act upon authenticated copy of this order. It will be open for the respondent No.2 to consider this petition itself as a representation of the petitioner.

[K.K.SONAWANE] [S.S. SHINDE] JUDGE JUDGE grt/-