Shivshankar S/O Narayanrao Kadu v. The State Of Maharashtra And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.989/2015 Shivshankar Narayanrao Kadu.
...Petitioner..
Versus
The State of Maharashtra & others.
...Respondents...
.....
Shri J.M. Murkute, Advocate for petitioner.
Shri B.L. Dhas, APP for respondent nos.1 to 3. .....
CORAM: A.B. CHAUDHARI & INDIRA K. JAIN, JJ.
DATE: 08.10.2015 ORDER :
1] Heard learned counsel appearing for the parties. 2] Following are the prayers in the present writ petition:- B] The investigation of Crime No.118/2015 registered at Police Station, Gangakhed Tq.Gangakhed Dist.Parbhani for the offence under Section 306 r/w 34 of Indian Penal Code may kindly be handed over the Central Bureau of Investigation (C.B.I.) or to the respondent no.2 the Superintendent of Police, Parbhani, with direction to add Sec.302 of Indian Penal Code.
- 2 - C] The respondent No.1 & 2 may kindly be directed to consider the representation dt.10/07/2015 filed by petitioner, and take necessar6y steps thereon."
3] In response to the notice issued by this Court, affidavit has been filed by respondent no.2 - Superintendent of Police, Parbhani. We have gone through the said affidavit. We have heard learned counsel appearing for the parties.
4] The affidavit shows investigation carried out and the inferences drawn by the Investigating Officer. We quote following portion of paragraph no.7 (f) of the affidavit in relation thereto :- "The investigation officer tried to contact the petitioner and his wife for further interrogation on their cellphone but the petitioner did not respond to it."
5] That apart, the portion from paragraph no.7(f), which is quoted above, shows wrong approach on the part of the petitioner.
6] We think that the Investigating Officer has made all efforts and at any rate looking to the nature of
- 3 - injuries, it appears to be a case of suicide. We are satisfied with the affidavit filed by the Superintendent of Police, Parbhani. We do not find any reason to grant the prayers made by the petitioner above.
7] In that view of the matter, we dispose of the present writ petition without any directions. (INDIRA K. JAIN, J.) (A.B. CHAUDHARI, J.) ndk/cr810153.doc