MAHESH G KERKAR SON OF G KERKAR Vs. GOA HUMAN RIGHTS COMMISSION THROUGH ITS SECRETARY HAVING OFFICE AT PANAJI -GOA
HIGH COURT OF BOMBAY
Mahesh G Kerkar Son Of G Kerkar
Goa Human Rights Commission Through Its Secretary Having Office At Panaji -Goa
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C.V. Bhadang, J. -
(1.) Rule made returnable forthwith. Shri Sidhesh Shet, learned counsel waives notice on behalf of Respondent nos. 2 and 3 and Shri M.Amonkar, learned Additional Public Prosecutor waives notice on behalf of respondent no.4. Heard finally by consent of the parties.
(2.) The challenge in this petition, under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Code, for short) is to the Enquiry Report/Order passed by the Goa Human Rights Commission (Commission, for short) in Proceedings No.9/2014. By the impugned order, the Commission has made the following recommendations:
(i) The Police Officer now below the rank of Deputy Superintendent of Police shall carry out further investigation by invoking the provisions of Section 173 (8) of Criminal Procedure Code;
(ii) The Director General of Police, Panaji - Goa shall initiate appropriate action against the Investigation Officer for carrying out the investigation in a very casual and haphazard manner.
(3.) The petitioner has not pressed for the challenge to para 1 of the recommendations, as set out above. Thus, the challenge in this petition is restricted to para 2 by which the Director General of Police, Panaji, has been directed to initiate appropriate action against the petitioner-Investigating Officer for carrying out the investigation in a casual and haphazard manner.;
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