Sau. Tejasjree W/O Prashant Sathe v. The State Of Maharashtra And ORS

{1} crwp162315.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1623 OF 2015 Sau. Tejashree w/o Prashant Sathe Petitioner

Versus

The State of Maharashtra & others Respondents Mr.N.B.Jadhav, advocate for the petitioner.

Mr.A.B.Girase, Public Prosecutor for Respondents. CORAM : R.M.BORDE & K.L.WADANE, JJ.

DATE : 11th April, 2016 PER COURT:

The petitioner prays for issuance of directions to the Respondents to submit detailed report in connection with Complaint/representation dated 02.06.2015 tendered by the petitioner to the police authorities.

Petitioner alleges that the accused persons i.e. her husband and in-laws tried to commit her murder by strangulating her to the ceiling fan installed in the kitchen room. Although the petitioner is stated to have reported the incident to the police authorities, no proper investigation has been conducted and on the contrary, it is tried to be demonstrated that it is a case of attempt of suicide by hanging. The statements of witnesses have been recorded by the Investigating Officer. The petitioner alleges that the Investigating Officer is biased and did not conduct proper investigation.

{2} crwp162315.odt Prima facie, it does appear that the statements recorded by the Investigating Officer do not depict true picture. It is disclosed from the medical papers that petitioner was admitted to the Government Medical Medical College and Hospital on 26.02.2015 when she complained of partial hanging. Statements of the witnesses recorded by the Investigating Officer disclose commission of offence of suicide contrary to the medical papers. It has been accepted by the Superintendent of Police, who has presented an affidavit-in-reply as per the directions of this Court, that there was no proper investigation in the matter on the basis of complaint lodged by the petitioner.

It is also admitted by the Superintendent of Police that inquiry would be conducted against the Investigating Officer and on conclusion of inquiry, appropriate action would be taken. It is also undertaken by the Superintendent of Police that proper investigation would be made in respect of the allegations recorded in the complaint as well as on the basis of investigation conducted by the Investigating agency. In view of the statement made above, grievance raised by the petitioner, in the instant petition, stands redressed. Petition, therefore, stands disposed of.

K.L.WADANE R.M.BORDE JUDGE JUDGE adb/crwp1623115