Dr Sandeep S/O Manchakrao Malve v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1268 OF 2016 Dr. Sandeep s/o. Manchakrao Malve, Age: 33 Years, Occu. : Medical Practitioner, R/o. New Mondha, Gangakhed, Tq. Gangakhed, Dist. Parbhani PETITIONER (Orig.Victim)

VERSUS

The State of Maharashtra, Through Investigation Officer, Police Station Gangakhed, Tq. Gangakhed, Dist. Parbhani RESPONDENT ...

Mr.M.P.Kale, Advocate for the petitioner Mr.S.W.Mundhe, APP for the respondent - State.

...

CORAM: S.S.SHINDE & SANGITRAO S.PATIL,JJ.

Date : 05.10.2016 ORDER: (Per S.S.Shinde, J.):

This Petition is filed seeking directions to the respondent to carry out investigation in a proper manner in Crime No.79/2015 registered with Police Station Gangakhed, District Parbhani, for the

offences punishable under Sections 307, 329, 427, 365, 342, 147, 148, 149, 323 of the Indian Penal Code ("IPC" for short). There is prayer to entrust the investigation to the Higher Rank Officer of the Police Department or to give it to the independent agency.

2.

We have considered the pleadings in the Petition and also the documents placed on record, including the copy of charge-sheet and its accompaniments. It appears that the charge-sheet is filed on 05.08.2016. The sections, which are mentioned in the said charge-sheet, are 307, 329, 427, 365, 342, 147, 148, 149, 323 of the Indian Penal Code.

3.

Upon perusal of the Medico Legal Certificate issued by the Sub-District Hospital, Gangakhed, District Parbhani, it appears that the injuries sustained to the injured person viz. Deepak are simple in nature. The Investigation Officer has also

recorded the statements of the various witnesses. The prosecution has every right to file further application before the concerned Court, in case it is necessary to carry out the further investigation or to add any other person as an accused. Therefore, we do not think that the further directions are necessary by this Court.

4.

In that view of the matter, leaving open remedy to avail at the appropriate time in case need arises, this Petition stands disposed of accordingly.

Sd/- Sd/- [SANGITRAO S.PATIL] [S.S.SHINDE] JUDGE JUDGE DDC