1 wp21.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 21 OF 2010 Vinod Kalyanji Bhagat ....Petitioner. Vs. State of Maharashtra & Ors. ....Respondents. Mr. Sushan Kunjuraman for the Petitioner.` Mr. A.S.Gadkari, APP for the State. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 23rd July, 2010 P.C.: 1 We have heard Mr. Kunjuraman, the learned counsel appearing for the Petitioner, who is the brother of Suresh Bhagat. Suresh Bhagat died on 13/06/2008 and the Petitioner claims that the complaints made by Suresh Bhagat on 17/11/2007 were not investigated. The Petitioner through his advocate also issued a notice dated 3rd September, 2009 to the Assistant Commissioner of Police, alleging that his brother Suresh was murdered by Suresh’s wife Jaya and his son Hitesh and that he wanted the police to investigate into the circumstances leading to his unnatural death. He alleged that Suresh was done to death by Jaya and some other persons. 2 wp21.10.sxw 2 As directed by us, Dr. Suhas Madhukar Warke, Deputy Commissioner of Police, Zone-III, Mumbai has filed the affidavit in reply and has stated that all the complaints made by Suresh Bhagat during his lifetime were duly investigated and in pursuance to the complaint dated 17/11/2007, statements of Suresh Bhagat, Sanjay Pawar, Lalasaheb Bhaskar and Dharmendra Singh were recorded. It was also revealed during the investigation that there was an on going dispute between Suresh Bhagat and one hand and his wife Jaya and son Hitesh on the other. During the lifetime of Suresh Bhagat, he never approached the police with the complaint regarding improper investigation and the present petitioner appears to be determined to encash and/or to exploit the situation on the demise of his brother and the petition has been filed with oblique motive, as per the affiant. 3 We have satisfied that there is no case made out for issuance of directions as prayed for, at this stage and therefore, the Petition is rejected, but without prejudice to the Petitioner’s right, if any, to file a private complaint. (ANOOP V. MOHTA, J.) (B.H.MARLAPALLE, J.)