1 wp.1826-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1826 OF 2011 Sita Premchandra Kanojiya ..Petitioner. Vs. The State of Maharashtra ..Respondent. ----- Ms. Nisha Valani, for the Petitioner. Ms. M.H. Mhatre, APP for the State. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. AUGUST 11, 2011. P.C.: 1. Heard. 2. This Petition filed under Article 226 of the Constitution of India prays for directions to the Dindoshi Police Station, Mumbai to register an FIR on the basis of the complaints dated 17.4.2010 and 26.4.2010 submitted by the petitioner to the said Police Station regarding the cause of the death of Shreepal Kanojia, the brother of the petitioner. 2 wp.1826-2011 3. As per the petitioner’s own contentions his father was running a laundry shop in the shop premises situated at Nandakhal, Virar, Thane, and he closed that business in the year 2001, and left for his native place. The deceased was about twenty years of age who arrived at Mumbai on 15.3.2010, and joined Shankar Power laundry located opposite Siddhivinayak Mandir road no.2, Malad(E), Mumbai and he used to work with Mr. Sikkandar Kanojia and Rampher Kanojia. On 13.4.2010, the petitioner and his family were informed that her brother Shripal Ramgambhir Kanojia committed suicide. ADR no.41 of 2010 came to be registered with the Dindoshi Police Station. The postmortem report was obtained by the police, and a copy of the same is annexed to the Petition memo. The cause of death mentioned in the postmortem report dated 16.4.2004 is “Asphyxia due to hanging” (unnatural)”. Some photographs of the dead body of Shripal have also been annexed to the Petition. No external injuries were seen on the dead body. 4. Having regard to the averments in this Petition, and more particularly alleging that it was a homicidal death, by our order dated 11.7.2011, we had directed to refer the postmortem report dated 16.4.2010 3 wp.1826-2011 in ADR no.41 of 2010 to the Medical Board at Sir J.J. Group of Hospitals and to obtain the opinion regarding the cause of the death. Accordingly, the postmortem was referred to the Medical Board and it has submitted its written opinion to this court through the Investigating Officer. 5. The Medical Board of three doctors has considered the postmortem report and drawn the following conclusions: “In the present case it can be considered as a case of hanging with soft ligature material of cloth(odhani). Death has occurred as result of Asphyxia due to Hanging. There are no any other injuries mentioned in column no.17. And it rules out possibility of death due to any other trauma other than hanging. Since there are no any other injuries other than ligature mark on neck, which rules out the struggle or assault.” The report further states that the cause of the death is due to “Asphyxia (Un-natural)”, and the nature of the death has been shown to be suicidal. The opinion of the Board reads thus: “The death has occurred as a result of suicidal hanging. 4 wp.1826-2011 Cause of death is “Asphyxia due to hanging. There are no other injuries suggestive of assault/homicide/struggle. 6. We have also perused the spot panchanama drawn on 13.4.2010 and it indicates that the room in which the incident had accrued had a steel door with a latch from inside and the Police had forcibly opened the said room for entering into it. 7. We are, therefore, satisfied that there is no case made out to issue the directions as prayed for in the instant case, and the ADR no. 41/2010 has been duly investigated into by the concerned Police Station, and the opinion of the Medical Board does not leave any doubt of homicidal death. 8. Hence, the Petition is rejected. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.) 5 wp.1826-2011