Humair @ Umair Mohammed Shafi Mansuri And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.206 OF 2025 Humair @ Umair Mohammed Shafi Mansuri and anr. ... Applicants V/s.

State of Maharashtra and another ... Respondents ______________________ by BIPIN DHARMENDER PRITHIANI Date: 2025.08.01 12:27:45 +0530 BIPIN DHARMENDER PRITHIANI Mr. Tajammul Khan i/b. Mr. Mizan Khan for Applicants. Mr. Hiten Venegaonkar, Special PP a/w. Mr. Ajay S. Patil for RespondentState. Mr. Pravin Munde, DCP, Zone-1.

Mr. Sanjay Kate, Sr.P.I., J. J. Marg Police Station, Mumbai. Mr. Sunil Warangule, P.S.I., J. J. Marg Police Station, Mumbai. ______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 25th JULY 2025 P.C.:- 1) Perusal of record and in particular First Information Report, clearly discloses that a specific allegation of use of sharp edge instrument by the accused in assaulting the first informant is made. The injury certificate issued in favour of first informant namely Usama Mohammed Afzal Khan by the Medical Officer of Sir J. J. Group of Government Hospitals, Mumbai. 2) Photocopy of Injury Certificate dated 15th February 2025 is 1/5

taken on record. For ease of reference, scanned copy of Injury Certificate is reproduced hereinbelow :

2/5

3) As stated in column No.6 by the Medical Officer, the injuries at Serial Nos.4 and 5 were due to sharp weapon. The clause No.1 of opinion of Specialist mentions 'Emergency surgery and ENT reference'. In these admitted set of facts, the Investigating Officer Mr. Sunil Warangule has filed charge-sheet without recovery of the said weapon. 3.1) Present Petition was listed for hearing yesterday and upon a query by this Court, it was informed by the prosecution that, the said weapon was not recovered as the accused persons did not cooperate with the investigation. Upon a further query, it was informed that though Police custody was sought, the learned Magistrate granted magisterial custody and it was an impediment in recovery of the weapon.

We were having our own doubts about the said submissions, therefore, we had requested the learned APP to place the entire material of investigation before the Commissioner of Police, Mumbai and seek instructions in that behalf. 4) Today, we have perused the entire record minutely. The accused herein were produced on first remand before the learned Judicial Magistrate First Class, 70th Court, Mazgaon, Mumbai, on 14th January 2025 i.e. immediately after their arrest.

"

Today accused are produced before me at 01.30 p.m. They have no complaint of ill-treatment at the hands of police. Perused case diary. Remand officer has claimed MCR of the accused. However, the offence registered against the 3/5

accused is punishable under sec.118(1), 115(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023. Hence, accused be taken into M.C.R. till 27.01.2025."

(underlined emphasis supplied) 5) Though in the remand report, the Investigating Officer had sought custody of accused for recovery of the said weapon, before the learned Magistrate, he gave his concession for remanding the accused persons to magisterial custody and it is the sole reason that the weapon(s) used in the present case were not recovered by the Investigating Officer. The conduct of Investigating Officer speaks volumes. Prima facie it appears to us that, with a view to help the accused persons in a present crime, the Investigating Officer chose to make a farce of submitting its remand report in writing for seeking custody of the accused. However, at the time of hearing, he gave his concession, not seeking custody of the accused. According to us, it is only to assist the accused persons in escaping from the clutches of law.

6) At this stage, Mr. Venegaonkar, learned Public Prosecutor, on instructions from the Commissioner of Police submitted that, Investigating Officer Mr.Sunil Warangule has been with immediate effect transferred to control room. All pending cases with the said Investigating Officer have been withdrawn and are transferred to other Investigating Officer. That, the Additional Commissioner of Police of the concerned region will issue necessary show cause notices as may be permissible under the law to 4/5

Mr.Sunil Warangule and the enquiry will be taken to its logical end. Statement is accepted.

7) At the request of learned Public Prosecutor, stand over to 18th August 2025.

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 5/5