Aniket S Sabanwar v. State Of Maharastra And ANR

2025:BHC-NAG:10953-DB 1 cr. wp 157.25 &1034.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 157 OF 2025 [Aniket Santoshrao Sabankar vs. State of Maharashtra through P.S.O., Mangrul Dastgir, Tq. Dhamangaon, Dist. Amravati and anr.] with CRIMINAL WRIT PETITION NO. 1034 OF 2024 [Shri Kishor Keshavrao Korde vs. State of Maharashtra through P.S.O., Mangrul Dastgir, Tq. Dhamangaon Rly, Dist. Amravati and anr.]

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Mr. N. R. Shiralkar, Advocate instructed by Mr. V. B. Bhise, Advocate for the petitioner in WP 157/2025 Mr. R. J. Mirza, Advocate for the petitioner in WP 1034/2024 Mr. K. R. Lule, APP for the State/respondent no. 1 Ms. Garima Jain, Advocate instructed by Mr. S. V. Sirpurkar, Advocate for respondent no. 2 CORAM: ANIL L. PANSARE AND Y. G.

KHOBRAGADE, JJ.

DATED : 15-10-2025.

Heard.

2.

The petitioners have approached this Court to quash the First Information Report (FIR) registered against them vide Crime No. 551/2024 for the offence punishable under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023. 3.

The allegation is that the petitioners were responsible for a death by negligence. Respondent no. 2's father expired. He was working in the field of petitioner in Writ Petition No. 1034/2024 and died in the field of petitioner in Writ Petition No. 157/2025. According to respondent no. 2, there should be investigation into the death as she suspects death by negligence. Thus, it appears that respondent no. 2 has not witnessed the incident.

2 cr. wp 157.25 &1034.24 4.

In the circumstances and since there occurred death, we deem it appropriate to permit the Investigating Officer to complete the investigation. The petitioner shall cooperate in the investigation. Needless to say that, if during investigation, the petitioners' role is not disclosed, the Investigating Officer shall proceed to file appropriate summary and, if their role is disclosed, he is bound to file charge-sheet. In such eventuality, the petitioners shall always be at liberty to take recourse to the remedy as is available in law including challenging the charge-sheet.

5.

On enquiry, learned Additional Public Prosecutor submits that investigation is likely to be completed within six weeks from today.

6.

The FIR was registered in December, 2024. It is ten months since then, the investigation is not completed. It ought to have been completed by this time, particularly in the light of allegations of death by negligence. The Investigating Officer shall, therefore, complete the investigation within four weeks from today and shall take appropriate steps in accordance with law.

7.

With the aforesaid observations and liberty to the petitioners, the petitions are disposed of.

(Y. G. KHOBRAGADE, J.) (A. L. PANSARE, J.) wasnik