1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Writ Petition No.111 of 2009 Yogesh Suresh Chaudhari Petitioner Vs. The Sr. Inspector of Police & ors. Respondents Mr.Amin Solkar for petitioner. Mr.D.P.Adsule, APP for State. Mr.V.G.Pradhan, Senior Advocate with Mr.Omkar Khaiyam Shaikh, Mr.Vikas Salvi i/b. M/s.Vikas Salvi & Associates for resp.nos.5 to 9. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. November 25, 2009. P.C. 1. Heard Mr.Solkar, the learned counsel for the petitioner. It appears that the petitioner’s father – Suresh Chaudhari, who was in the employment of Maharashtra State Road Transport Corporation, had borrowed the housing loan of Rs.1,81,000/- from the ICICI Bank and the EMI was Rs.2,709/- on this loan disbursed sometimes in the year 2000. He continued to pay the EMI but sometimes in the year 2003 the borrower wanted to marry off his daughter and for the said purpose he obtained 2 loan from the Credit Co-operative Society of the MSRTC Employees and as a result thereof he became a defaulter in repayment of loan of the ICICI Bank. Consequently the said Bank started demanding the recovery of the loan through their recovery agents and as per the petitioner sometimes in October 2004 his father handed over the keys of the flat purchased from the said loan to the officials of the said Bank and the family shifted to another flat. The petitioner further alleges that on 8/1/2007 Shri Ravi Gaikwad claiming to be the Bank official visited the house of the petitioner for seeking permission in writing to sell the flat and some documents were notarised in the chamber of Advocate Kishore Sonavane and the flat came to be transferred in the name of respondent no.5 who was the Assistant Recovery Manager attached to the Housing Loan Department of ICICI Bank. On 13/1/2007 one Nilesh Pagar visited the petitioner’s residence and forcibly took the petitioner’s father on motorcycle to the ICICI Bank and at about 3.40 p.m. the petitioner received a call from Ravi Gaikwad saying that his father was unwell and was feeling giddiness. He immediately rushed to the ICICI Bank and on his way he received a call from Ravi Gaikwad saying that his father had expired. On 23/1/2007 he filed a complaint claiming that 3 his father was murdered and in this petition he seeks directions for an enquiry to be conducted against respondent no.2 by respondent no.3 i.e. the Commissioner of Police, Nashik City and to reinvestigate C.R.No.16/2007 registered with the Sarkarwada Police Station on 13/1/2007. 2. Shri Shrikant Jawale, Deputy Superintendent of Police presently attached to Highway Police, Nashik and who has been impleaded as respondent no.2 has filed affidavit-in-reply and has pointed out that in C.R.No.16/2007 Shri D.M.Rajole, PSI had registered the offence and the entire investigation thereafter was carried out by Police Inspector (Crime) Shri A.S.Pathade. The affiant was posted as Senior Police Inspector at Sarkarwada Police Station from 22/1/2006 to 16/3/2007 but the investigation was not carried out by him. 3. We have seen the P.M. Report which indicates that the petitioner’s father died of the cardiac arrest. The record also shows that on completion of investigation the I.O. has filed a charge-sheet before the competent Court for the offence punishable under Section 304 read with Section 34 of IPC. 4 4. We have also perused the affidavit-in-reply filed by respondent no.5 – Shri Rahul Shelke, Assistant Manager of ICICI Bank Limited’s DSMG (Debt Service Management Group) – Personal Loan Department, Nashik. He has denied that he was the Assistant Recovery Manager at any time and pointed out that there were cases filed against the petitioner’s father for the offence punishable under Section 138 of the Negotiable Instruments Act by the Bank and the petitioner’s father died of heart attack. 5. Having heard Mr.Solkar and having considered the record placed before us, we are satisfied that no further directions are required to be given in this petition. Hence the petition is rejected. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)