- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.1042 OF 2009 Navnath s/o Karbhari Bhusare ... PETITIONER VERSUS The State of Maharashtra & ors. ... RESPONDENTS ----- Shri B.S. Shinde, Advocate for the petitioner Shri K.S. Patil, A.P.P. for respondents ----- CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 13th January, 2010. ORAL ORDER (PER DAVARE, J.): 1. Perused. Heard learned counsel for the parties. 2. By the present writ petition, the petitioner seeks directions to respondents to register the crime under Section 307 of the Indian Penal Code against the accused persons, - 2 - considering the seriousness of the injuries and also to include the names of other three accused persons who were allegedly involved in the said crime and also sought directions to the respondents to hand over the charge of investigation of crime to another police officer as the police officers are not allegedly conducting the appropriate investigation in the present crime. 3. The petitioner is a minor who has filed the present petition through his natural guardian father. It is alleged that, on 23.10.2009, at about 6.00 p.m., the petitioner along with his parents was in the house. At this juncture, about 6 accused persons namely Prakash Jaising Bhusare, who is real uncle of the petitioner and his son Ganesh, wife of Prakash namely Hirabai and three daughters namely Manisha, Anita and Kavita came into the house of the petitioner and they were armed with sharp weapons such as, axe, iron rods, stick and sickle with intent to kill the family of the petitioner. It is also alleged that the said assailants mercilessly assaulted the parents of the petitioner and seriously injured them. It is also stated that one Shivaji Nana who was residing nearby to the house of petitioner, rescued the parents of the petitioner and they were taken to the Rural Primary Health Centre, Lasur and thereafter further shifted to Government Hospital, Aurangabad for further necessary treatment considering - 3 - the seriousness of the injuries. It is also stated that the petitioner approached to Police Station for filing the complaint against the accused persons on the same day i.e. 23.10.2009, but it is submitted that police authorities refused to register the crime. 4. The petitioner also contends that on 24.10.2009 the petitioner approached to Police Station but the Police authorities neglected to register the crime. However, at about 11.00 p.m. on the said date, the police authorities registered the crime under Section 325, 326, 327, 452, 504 read with Section 34 of the Indian Penal Code. It is also the grievance of the petitioner that the police authorities did not register the complaint as per the version of the petitioner and dropped the names of three assailants namely Manisha, Anita and Kavita and also not incorporated Section 307 of the Indian Penal Code in the said complaint. It is also the grievance of the petitioner that even after registration of the said crime, the police authorities have not carried out the investigation in proper perspective. Hence, the petitioner has filed the present petition for the prayers as set out hereinabove. 5. The respondents opposed the present petition and filed the affidavit-in-reply, which is sworn in by Shri Pralhad Bajirao Tambe, presently working as Police Head Constable at - 4 - Police Station, Silegaon, Taluka Gangapur, District Aurangabad and denied the averments and contentions made in the present petition unless admitted therein specifically. It is submitted that the offence has been registered on the basis of complaint lodged by the petitioner on 24.10.2009 and upon registration of the said F.I.R., the accused persons namely Prakash Jaysing Bhusare, Ganesh Prakash Bhusare and Hirabai Prakash Bhusare were arrested by him. The said affidavit-in-reply also reveals that during the course of investigation, the investigating officer has recorded the statements of various witnesses. Moreover, the injured persons were referred to Civil Hospital, Lasur and thereafter further referred to Ghati Hospital, Aurangabad for further medical treatment. 6. The respondent further states that the investigation is under progress and final medical opinion is yet to be received from the medical officer. It is categorically stated by the respondent that upon receipt of the opinion from medical officer, the respondent would decide as to whether offence under Section 307 of the Indian Penal Code as contended by the petitioner, is applicable or not. As regards the grievance of the petitioner that names of three daughters Manisha, Anita and Kavita were not involved in the complaint, the respondent stated that petitioner’s - 5 - own F.I.R. does not mention the involvement of the said three minor girls in the alleged offence. Moreover, it is also stated that eye witnesses to the alleged incident also do not refer to the said minor girls and do not involve them in the alleged offence and hence, it is submitted that the petitioner is trying to rope all the family members of the accused in the alleged offence and the said attempt of the petitioner appears to be afterthought. The respondent further submits that the investigation of the crime is being conducted by him honestly and to the best of his ability. 7. After considering the rival submissions advanced by learned counsel for the petitioner and respondent, the petitioner has made twofold grievances in the present petition that the offence under Section 307 of the Indian Penal Code has not been incorporated in the complaint and the investigation is not being carried out in proper perspective and, therefore, it be transferred to another police officer. However, as regards the first grievance, the respondent has categorically made statement in the affidavit- in-reply that the final opinion from the medical officer is yet to be received and upon receipt of the opinion from the medical officer, the respondent would decide as to whether offence under Section 307 of the Indian Penal Code is to be incorporated in the F.I.R. or not. Moreover, needless to say that, if the offence under Section - 6 - 307 is disclosed, Court is not prevented to take the cognizance thereof and hence, there is no substance in the grievance made by the petitioner in that respect. 8. As regards the another grievance of the petitioner, there is absolutely no averment in the present petition in respect of alleged flaw in the investigation which is being carried out by the respondent and, therefore, the said grievance of the petitioner also does not bear any substance. 9. In the circumstances, we are of the considered view that present petition is devoid of any merits and, therefore, same deserves to be dismissed and accordingly, same stands dismissed. In the facts and circumstances, there shall be no order as to costs. [ SHRIHARI P. DAVARE, J.] [ P.V. HARDAS, J.] fmp/cwp1042.09