MILIND S/O. ANANAT MOBHARKAR Vs. STATE OF MAHARASHTRA AND OTHERS
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Milind S/O. Ananat Mobharkar
State of Maharashtra and Others
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S.S. Shinde, J. -
(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.
(2.) This Criminal Writ Petition is filed with the following prayer :B. By issuing appropriate writ, order, or direction in the like nature, the investigation in Crime No. I-162/ 2015 (R.T.C. No.678/2015) registered with Kotwali Police Station, Ahmednagar dated 23.06.2015 for the offence punishable under sections 326, 325, 143, 147, 148, 149, 506, 120(B) read with 34 of the Indian Penal Code and under Sections 37(1)(3)/135 of the Bombay Police Act may kindly be transferred to the Crime Bureau of Investigation or Crime Investigation Department with further direction to carry out the further investigation and Shivaji Bhanudas Kardile be made an accused in the Crime No. I-162/ 2015 registered with Kotwali Police Station.
(3.) Pursuant to the notices issued to the respondents, the respondents have filed affidavit in reply. On 5th October, 2016 the Public Prosecutor, on instructions, made a statement before this Court that, the Superintendent of Police, Ahmednagar will call the entire investigation papers and then will try to address the grievance of the petitioner. It further appears that, on 13th October, 2016, it is informed to this Court that, the Superintendent of Police, Ahmednagar has appointed Additional Superintendent of Police for further investigation. This Court on 6th December, 2016 passed detailed order and sought response of the respondents why the investigation of Crime No. I-162/ 2015 registered with Kotwali Police Station should not be entrusted with C.I.D./Special Investigation Team at the State Level or C.B.I., as the case may be. Mr. Dr. Saurabh Neelkanth Tripathi, working as Superintendent of Police, Ahmednagar has filed affidavit in reply. It is stated in the said affidavit in reply that, the Sub-Divisional Police Officer, Ahmednagar was appointed for enquiry about the grievance raised by the petitioner in respect of not conducting the proper investigation in Crime No. I-162/ 2015. The Sub-Divisional Police Officer on 8th October, 2016 submitted report to him. Considering the said report, he came to the conclusion that, there is negligence on the part of the Investigating Officer, and therefore, direction was given to the Sub-Divisional Police Officer to conduct preliminary enquiry about the conduct of the Investigating Officer. The Sub-Divisional Police Officer conducted preliminary enquiry and submitted report that, the Investigating Officer was negligent while conducting the investigation in the aforementioned crime. The Sub-Divisional Police Officer has submitted the report to that effect on 7th January, 2017. The said report was forwarded to the Special Inspector General of Police, Nashik thereby requesting to conduct departmental inquiry of the Investigating Officer, who was negligent in performing his duties.;
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