IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CR.APPLN/5341/2010 SANJAY PANDURANG LUTE AND ANR V/S STATE OF MAHARASHTRA AND ANR ... Shri V.S.Panpatte, Advocate for applicants and Shri V.H.Dighe, APP for respondents. ... CORAM : K.U.CHANDIWAL,J. Dated : January 10, 2011 PER COURT :- 1. Heard respective parties. 2. Vide Crime No.189 of 2010 at the behest of the father of victim Muktabai, investigation in terms of Section 156(3) of the Code of Criminal Procedure is directed and police machinery is put in motion for the offences punishable under Sections 376. 306, 506, 201 read with 34 of the Indian Penal Code. 3. Learned counsel for the accused / applicants submits that the suicidal act of Muktabai at her age of 18 years has nothing to do with the role of the accused /applicants. There is belated lodging of the complaint before the learned Judicial Magistrate (F.C.) Mukhed. Already investigation was carried out and the Police Officer has closed the file in terms of Section 169 of the Code of Criminal Procedure. He re-iterated that it is only due to the political rivalry that the events are desired to be counted to falsely rope the accused/applicants. CR.APPLN/5341/2010 (2) 4. Above submissions of the learned counsel are difficult to digest at this primary stage. Statements of two witnesses shown by the learned APP illustrates that the accused were making an haste to dispose of the dead body of Muktabai when it was being extracted from the well. It is a sorry state of affair that father of deceased sent an application to the Police on 7.9.2010, for which there is a station diary entry at Sr.No.47 of 2010, but Police Sub Inspector Boinwad did not bother to proceed in the matter and simply filed a report vindicating the accused. Consequently, there was no option left for the complainant to seek a redress by way of filing a complaint before the Court, as stated above. 5. Role attributed to each of the accused is clear. Investigation is imperative, which, if the accused are allowed to enjoy pre-arrest bail will be a block in a smooth process. The influence that the accused have exerted have been sufficiently demonstrated by inaction of the Police Officer. It is expected that the investigation will be entrusted to some other competent officer and not to Police Sub Inspector Boinwad. 6. In the result, I do not see any merit in the application seeking pre- arrest bail. Learned APP to inform the Superintendent of Police, Nanded to cause enquiry in the role and conduct of Police Sub Inspector Boinwad of Mukhed Police Station in not entertaining the application moved by father of victim Muktabai. CR.APPLN/5341/2010 (3) 7. Application rejected. 8. Registry to make available authentic copy of this order to learned APP on following the usual procedure. (K.U.CHANDIWAL, J.) ... akl