Aparna Ganesh More @ Aparna Krishna Adhalkar v. The State Of Mahashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 962 OF 2024 Aparna Ganesh More @ Aparna Krishna Adhalkar ..
Petitioner
Versus
The State of Maharashtra and anr ..
Respondents ...
Mrs. Aparna Ganesh More @ Aparna Krishna Adhalkar, petitioner in person.
Mr. D.J. Haldankar, APP for the State.
Mr. Rajkumar Dongre, ACP, Thane, Crime Branch. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
DATED : 2nd JULY, 2024 P.C:- Mrs. Aparna Ganesh More, appearing in person has made serious accusations against the respondents and specifically the officer entrusted with the task of tracing her husband Ganesh More, who is missing since 01/09/2022. In compliance of the order passed on 26/03/2024, she accompanied the Police Officer deputed by the Senior P.I. of Ulhasnagar Police Station and took him to village Maldan, Taluka Patan, District Satara, but according to her a perfunctory search was carried out.
On 26/03/2024, the Court was intimated that the FSL report of mobile phone of the missing person is not yet received. Today the learned APP, state that the report is received, but the Investigating Officer is yet to analyze the same and it appears
2/3 32 wp962 24.doc that despite the report having been received on 3/05/2024, from FSL, Kalina, the Investigating Officer was unable to spare time to analyze the said report and he still seeks time.
The petitioner Mrs. Aparna More, has material with her and stress-fully, she submitted before us that for reasons best known the material in her possession is not being looked into by the concerned Police Station and she is hopeful that this material will lead to her husband.
We find that some statements have been recorded during the course of investigation and this include the statement of the mother of the missing person Smt. Parvati More, his sister-in-law Jaya and one Jayvant More, from the clan, who is residing in the neighbourhood, who has categorically stated that Ganesh More had approached him during Rakshabandhan of 2022 and demanded money and therefore, he gave a cheque of Rs. 2,00,000/- and thereafter he went missing.
Mr. Rajkumar Dongre, ACP, Thane, Criminal Branch is investigating the complaint and is present before us. On hearing the petitioner, we find many questions unanswered and it is unfortunate that, this Court has to tell the investigating machinery about the manner in which it shall proceed to trace a person, who is missing for almost 2 years. If the petitioner has some clues with her and she is keen on leading the investigating agency based on the said clues, it is unfortunate that no heed is paid to her request.
3/3 32 wp962 24.doc Though we would like to have certain clarifications from the Investigating Officer Mr. Rajkumar Dongre, at this stage, we direct Mrs. Aparna More, to report to Mr. Dongre, tomorrow at 3:00 p.m. in the afternoon and Mr. Dongre will record her statement and particularly every circumstance which she feel important with a clear direction that even if he feels it is relevant, it must be recorded. Mrs. More shall also furnish the copy of the documents, which are in her hand, which she feel would assist the Investigating officer in tracking her husband.
It is really unfortunate that for almost 2 years, the missing person is not traced, and we express our dissatisfaction with the entire approach adopted by the investigating agency. In any case, at this stage we feel that upon the necessary circumstances being pointed out to the investigating agency by Mrs. More, as she specifically is insisting that there is another phone which her husband was keeping but the Investigating Officer is completely in a denial mode to accept this circumstance. Upon recording her statement, let the investigating agency approach the whole issue with a fresh mind and file a progress report, of further investigation on an affidavit to be affirmed by Mr. Rajkumar Dongre, within period of two weeks thereafter. Re-notify to 30/07/2024.
(MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.)