Manoj Liladhar Wani v. The Superintendent Of Police And Others
2025:BHC-AUG:9262-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
904 CRIMINAL WRIT PETITION NO. 219 OF 2025 Manoj Liladhar Wani, Age- 42 years, Occupation- Business, R/o. 22 Z.P. Colony, Near Shrikrushna Mandir, Jalgaon, Tq. & Dist. Jalgaon.
... Applicants
Versus
1.
The Superintendent of Police, Jalgaon, Ta. And Dist. Jalgaon.
2.
The Police Inspektor, Ramanand Police Station, Jalgaon, Tq. & Dist. Jalgaon.
3.
Vinod Panjabrao Deshmukh, Age-51 years, Occupation- Agri, R/o. At post Jalgaon, Tq. & Dist. Jalgaon.
... Respondents ...
Mr. A. M. Reddy, h/f Mr. Atul Madhav Pawar, Advocate for Petitioner. Mr. A. M. Phule, APP for Respondents.
...
CORAM :
SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
DATE :
28th March, 2025.
Per Court:
.
In view of the order passed by this Court on 21st March, 2025, the learned APP is tendering affidavit of Mr. Maheswar Reddy, Superintendent of Police, Jalgaon, in respect of the points on which his
affidavit was called as per the said order. Though his affidavit states about the steps taken, the important point that has been accepted is that the P.I. Ramanand Nagar Police Station had not even informed about the technical difficulty in respect of email to the police station between 12th March, 2025 to 20th March, 2025. It appears that some show-cause-notice has been issued. We are, in fact, basically interested to know that since the point regarding non-receipt of email sent by the Government Pleader's office was raised by P.I. Ramanand Nagar Police Station, Jalgaon, was involved, what has been stated in the affidavit of the DSP, Jalgaon, is that the computer of the concerned police station had developed difficulty and it was sent for repairs. The email can be opened on any electronic device, including the mobile phone.
The only requirement is that the person opening it should know the email ID and password. Therefore, the technical difficulty in computer cannot be the ground for non-receipt of email. In our order, we had also asked the District Superintendent of Police, Jalgaon, as to how he is going to handle the problems in case of email of the police station gates technical difficulty, as many persons would be sending emails to the police station everyday. We could not find any answer to this.
to tackle the problem. Unfortunately, no technosavvy approach has been adopted and there appears to be no deliberation for tackling such problems, in case it may arise in future. We hope that the Superintendent of Police, Jalgaon, would take note of these observations and act accordingly.
The present petition was filed by the original informant for directions to respondent Nos.1 and 2 to take steps and arrest respondent No.3 in connection with crime vide C.R. No.336 of 2022, lodged by him for the offence punishable under Sections 395, 504 and 506 of the Indian Penal Code. The police papers were called and the investigating officer is present with police papers as well as the case diary. The affidavit of Mr. Rajendra Pandharinath Gunjal, Police Inspector, Ramanand Nagar Police Station, Jalgaon, reveals that he took over the investigation comparatively in a recent period and has arrested some accused, but still accused Vinod Deshmukh has not been arrested. It is informed that the said accused was granted interim anticipatory bail, but later on after final hearing in that application, his anticipatory bail application came to be rejected. The present investigating officer in his affidavit states that as against the said accused, charge-sheet has been filed under Section 299 of the Cr.P.C. on 29th March, 2023 and he has assumed
the charge of the police station on 28th July, 2024. He undertakes to take up further steps for search and necessary action under the law against the said accused.
In view of the said affidavit filed by the investigating officer, we take it as an undertaking and we dispose of the criminal writ petition.
[ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga