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Bombay High CourtWP/1742/2025disposed off

Kalavathi Dhanraj Jadhav v. The State Of Mharashtra And Others

2026-03-17Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde2 pages

2026:BHC-AUG:11999-DB 914-cri.wp-1742-2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 CRIMINAL WRIT PETITION NO. 1742 OF 2025 Kalavathi Dhanraj Jadhav

VERSUS

The State Of Mharashtra And Others ...

Mr. Apparao B. Kharosekar, Advocate for the Petitioner Mr. P. S. Patil, APP for Respondents ...

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED :

17TH MARCH 2026 PER COURT :- 1.

Heard.

2.

The learned Counsel for the petitioner is seeking direction to Superintendent of Police, Dharashiv for appointing Special Officer for conducting independent inquiry under his supervision in respect of death of her father.

3.

The Learned APP submits that Accidental Death (AD) was registered in respect of death of father of the petitioner and after inquiry it was found that father of the petitioner died due to heart attack i.e. Coronary Artery Disease (CAD). It is not the case of the petitioner that her father was poisoned, therefore even if independent enquiry is conducted, nothing will be found.

4.

Learned Counsel for the petitioner submits that he had already Narwade

914-cri.wp-1742-2025 -2issued complaint to the Superintendent of Police, Dharashiv but no cognizance was taken.

5.

Under such circumstance, the petitioner is still having remedy to file an application before concerned Magistrate under Section 173(4) of the Bhartiya Nagarik Suraksha Sanhita, 2023. The learned Counsel for the petitioner therefore submitted that the petitioner would be availing that remedy by filing such application to concerned Magistrate.

6.

In view of the same, we dispose of the present petition with liberty to the petitioner to move before the concerned Magistrate under Section 173(4) of BNSS.

[ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.] Narwade