Anna Maruti Shinde v. The State Of Maharashtra
Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:
2024.12.18 18:22:52 +0530 SHAGUFTA QUTBUDDIN PATHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION SUO MOTO PUBLIC INTEREST LITIGATION NO. 1 OF 2024 High Court on its Own Motion
Versus
The State of Maharashtra ... Respondent WITH INTERIM APPLICATION NO. 3591 OF 2024 WITH INTERIM APPLICATION (STAMP) NO. 20622 OF 2024 IN SUO MOTO PUBLIC INTEREST LITIGATION NO. 1 OF 2024 XY ... Applicant
IN THE MATTER BETWEEN :
High Court on its Own Motion
Versus
The State of Maharashtra ... Respondent WITH CRIMINAL WRIT PETITION NO. 4107 OF 2024 WITH INTERIM APPLICATION (STAMP) NO. 22062OF 2024 IN CRIMINAL WRIT PETITION NO. 4107 OF 2024 Anna Maruti Shinde ... Petitioner/ Applicant
Versus
The State of Maharashtra ... Respondent 1/5
WITH CRIMINAL PUBLIC INTEREST LITIGATION (STAMP) NO. 20094 OF 2024 WITH INTERIM APPLICATION (STAMP) NO. 21495 OF 2024 IN CRIMINAL PUBLIC INTEREST LITIGATION (STAMP) NO. 20094 OF 2024 Ketan Tirodkar ... Petitioner/ Applicant
Versus
Police Commissioner, Thane & Ors.
... Respondents Mr. Hiten S. Venegavkar, Public Prosecutor and Mrs. P. P. Shinde, A.P.P for the Respondent-State Ms. Kavisha Khanna a/w Mr. Ajinkya Gaikwad (through VC) and Mr. Sanket Garud for the Intervener/Applicant in IA/3591/2024 & IAST/20622/2024 Mr. Amit Katarnaware (through VC) a/w Mr. Aditya Katarnaware for the Petitioner in WP/4107/2024 and for the Applicant in IAST/22062/2024 Mr. Rajabhau S. Chaudhari for the Petitioner in CRPIL (ST)/20094/2024 and for the Applicant in IAST/21495/2024 Mr. Shailesh Baburao Kale, ACP, Ambernath is present Mr. Vijay Powar, ACP, Traffic, Thane, is present Mr. Dhanaji Kshirsagar, ACP, Crime, Thane, is present 2/5
CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.
TUESDAY, 17 th DECEMBER 2024 P.C :
Mr. Venegavkar, learned P.P. on instructions, states that action has been taken against the concerned officers of Badlapur Police Station who did not register an FIR. He states that the lady officer i.e. the Inspector of Police has been suspended and her two year's increment has been stopped, after a departmental inquiry. He further states that two Havaldars were let-off on strict warning.
As far as protection to deceased Akshay Shinde's family is concerned, Mr. Venegavkar states that they had offered police protection to the family, however, the family refused to accept the same. He, however, states that one police is deputed round the clock, outside the house of the deceased's family. 3/5
As far as Forensic Science Laboratory (`FSL') report with respect to the CCTV footage is concerned, Mr. Venegavkar states that as soon as the same is received, the same will be submitted before the concerned Court. He states that a reminder letter would be sent to the FSL for handing over the FSL report, at the earliest.
Mr. Venegavkar further states that two separate charge-sheets have been filed in the said case against the deceased and the trustees and as such, all investigation in the said case is complete.
At this stage, Mr. Katarnavare, who appears through video-conferencing, states that he is unable to contact the deceased's parents and that even his calls to them are unanswered. He states that the deceased's parents have never refused police protection and as such, the statement made by Mr. Venegavkar, on instructions, is incorrect. Mr. Katarnavare 4/5
further states that the deceased's parents be directed to appear through VC before this Court, considering that their whereabouts are not known.
Mr. Venegavkar, learned P.P states that the deceased's parents will be asked to appear through VC on the next date. Stand over to 19th December 2024. To be listed at 2:30 p.m.
PRITHVIRAJ K. CHAVAN, J.
REVATI MOHITE DERE, J.
5/5