Appasaheb Madhavrao Shinde v. The State Of Maharashtra And Others

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 486 OF 2020 Appasaheb Madhavrao Shinde Petitioner

Versus

The State of Maharashtra & others Respondents Mr. N.D. Sonawane, Advocate holding for Mr. K.B. Jadhav, Advocate for the petitioner.

Mr. A.V. Deshmukh, APP for all respondents.

CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 3rd December, 2020.

PER COURT :

1.

Heard both the sides for some time. Perused the papers of investigation.

2.

As per the directions given by this Court on 02.11.2020, the papers in respect of A.D. enquiry were also supplied. This Court has carefully gone through that record.

3.

The incident took place on the night between 14.06.2019 and 15.06.2019. The dead body was found below one building. On

- 2 - the previous night, the deceased had not returned to home and, in the morning, his dead body was noticed. Inquest was done and Post Mortem was conducted. Police papers show that there is a possibility that the injuries that were caused to the deceased were sustained due to fall from the building near which the dead body was found. Papers show that blanket and chappals of the deceased were also found on the terrace of the building. The terrace had no parapet wall. There is copy of First Information Report dated 06.01.2016 given by one girl. Crime was registered against the deceased for offence punishable Under Section 354, 354D(2), 506 of the Indian Penal Code and Section 12 of the Prevention of Children From Sexual Offences Act.

4.

There is allegation by the petitioner, who is the father of the deceased that, due to grudge against the deceased, the relatives of the girl have probably committed murder of the deceased. The papers do not create such probability. In view of the nature of material which is available, this Court holds that direction as prayed for registration of crime cannot be given.

5.

Learned counsel for petitioner submitted that the parents

- 3 - of the deceased need to be allowed to atleast have record of Post Mortem report and enquiry report. This Court has perused the Post Mortem report and the report submitted by police today. This Court holds that such record needs to be given to the parents of the deceased as after going through that record they may get satisfed. This Court is hereby directing the police station to give copy of Post Mortem report and report of enquiry made into the death of the deceased to the petitioner. With these directions, the proceeding is disposed of.

( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb