Bombay High CourtWP/545/2019dismissed

Hardas Kishan Patil v. State Of Maharashtra, Thr. Collector, Napgur And Another

2019-09-20Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 wp545.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. WRIT PETITION NO.545 OF 2019 (HARDAS KISHAN PATIL...VS.. STATE OF MAHARASHTRA, THR. COLLECTOR & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Navneet Khurana, Adv. h/f. Shri Nitin Lalwani,Adv. for Petitioner. Shri M.K.Pathan, A.P.P. for Respondent Nos. 1 & 2. CORAM : Z.A.HAQ AND PUSHPA V. GANEDIWALA, JJ.

DATED : SEPTEMBER 20, 2019.

Heard.

The petitioner claims himself to be the brother of deceased-Madan Patil, who died on 19th November 2004. This petition is filed, inter alia, for the relief to initiate investigation in the suspicious death of the brother of the petitioner.

Perusal of the record shows that the deceased was admitted in the hospital as unidentified person on 14/09/2004 and on 15/10/2004 he was discharged from the hospital and his mother brought him to her home. On 19/11/2004 brother of the petitioner died. It is stated that the petitioner moved application before the Commissioner of Police on 20th October 2010. Thereafter on 16/05/2011, 25/05/2011 and 16/01/2012 the petitioner had written letters to different authorities. It is the contention of the petitioner that no action was taken. Perusal of the petition does not show any explanation for the delay since 2004 to

2 wp545.19 2010 and thereafter from 2012 to 2019. Admittedly, brother of the petitioner was not discharged from the hospital against the medical advise. The deceased got cured and thereafter his mother took him to her home and after one month of the discharge he died.

In view of all these circumstances, we are of the considered view that any directions in this matter would be a futile exercise. We do not find any substance in the petition and therefore, the same is dismissed.

JUDGE JUDGE RRaut..