1 cri-wp-482-10 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 482 OF 2010 Shri Prakash Yeshwant Joeel .. Petitioner Vs. The State of Maharashtra & ors. .. Respondents Mr. Shiva Patil for petitioner. Mrs. M. M. Deshmukh, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. August 09, 2010. P.C. 1. We have heard the learned counsel for the petitioner and as directed by us on 21/6/2010, the Inspector of Police from Dahisar Police Station, the Deputy Commissioner of Police, Western Railway, Mumbai and Acting Superintendent of Police, Sindhudurg District have filed affidavits-in-reply. 2. ADR No. 19 of 1989 was registered with the Dahisar Police 2 cri-wp-482-10 Station regarding the unnatural death of Tatu Joeel, one of the brothers of the petitioner and the dead body of Tatu was lying on the railway track within the Borivali Railway Station area and, therefore, the ADR was actually registered with the Borivali Railway Police Station with the very same number on 7/1/1989. The affidavit filed by the DCP, Western Railway, Mumbai, states that there was a thorough investigation in ADR No. 19 of 1989 so as to find out the cause of death of Tatu @ Baban Yeshwant Joeel. It further states that Tatu’s dead body was found on the railway track in a crushed condition and the post mortem was conducted. Opinion given by the Coroner on 27/3/1989 indicated that the cause of death was “head injury with multiple fracture (unnatural). The DCP has further stated that as per the investigation carried out by the Borivali Railway Police Station, Tatu died due to an accident with a local train and perhaps he was dashed by one such train. It appears that the petitioner’s statement was recorded when the dead body was handed over to him and we have perused the said statement, which clearly went to show that the petitioner did not suspect any third person’s involvement. Even the statement of the police constable recorded on 13/1/1989 also shows that Tatu died in a railway accident. 3 cri-wp-482-10 3. This petition has been filed almost 21 years after the accidental death of Tatu and alleging that he was done to death in a room he was occupying in the school premises. Even prima facie material to support this allegation is not available and therefore, we do not find any substance in the prayers made by the petitioner. 4. Hence, the petition is rejected. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)