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Bombay High CourtWP/1425/2015others disposed off

Sou. Anita Anant More, v. The State Of Maharashtra And ORS

2015-12-16Hon'Ble Shri Justice Ranjit More.,Hon'Ble Shri Justice V.L. Achliya3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1425 OF 2015 Sou. Anita Anant More .. Petitioner

Versus

The State of Maharashtra & Ors.

.. Respondents ­­­­­­­­­­ Mr. U.R. Agandsurve, for the Petitioner.

Mr. J.P. Yagnik, APP for the State.

­­­­­­­­­­ CORAM :

RANJIT MORE & V.L. ACHLIYA, JJ.

DATE :

16th DECEMBER 2015 P.C. :

1.

Heard Mr. Surve, learned Counsel for the Petitioner and Mr. Yagnik, learned APP.

2.

The Petition is filed seeking registration of FIR against Respondents No. 5 to 7 and to transfer the investigation to State C.I.D. or any other independent agency.

3.

Respondent No. 5 is the mother of deceased Navneet Ramchandr Padyal. The Petitioner alleges that on 26th November 1/3

2013 there was quarrel between deceased Navneet and Respondent No. 5 and deceased left the house. The dead body of Navneet was seen on 27th November 2014 at 4.00 a.m. besides one Temple. The Petitioner's suspect Respondent No. 5 mother must have committed murder by administering poison.

4.

Said complaint was enquired into by the Khed Police Station. An enquiry was held and decision was arrived at that Respondent No. 5 has not committed murder of her own son deceased Navneet by administering poison. The Petitioner was, accordingly, informed about the same by communication dated 25th December 2014.

5.

That apart the Petitioner claims to be the neighbour of the Respondent No. 5, however, residing at Mumbai. Alleged complaint was filed on 7th May 2014 i.e. six months after the death of deceased Navneet. Be that as it may, the said complaint was already enquired into by the Police and decision as stated above was arrived at. The Petitioner has also not pointed out any material to show her suspicion against Respondent No. 5. In normal circumstances, there is no reason for a mother to kill her own son. 2/3

6.

No case is made out to register the FIR. The Petition is devoid of any substance and is, accordingly, dismissed. [V.L. ACHLIYA, J.] [RANJIT MORE, J.] 3/3