1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPW) NO.65/2009 AND CRIMINAL APPLICATION (APPW) NO.66/2009 IN CRIMINAL WRIT PETITION NO.229/2009 (Kamalkishor Chandak and one .vrs. State of Maharashtra and others) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : MARCH 10, 2010. Heard Mr. Abhay Sambre, learned counsel for the petitioners/applicants and Mr. T.A. Mirza, learned APP for respondent no.1. By this application the petitioners/applicants have sought recalling of order dated 8th July, 2009 by which Writ Petition No.229/2009 filed by the petitioners was allowed to be withdrawn. The said writ petition was withdrawn on the basis of statement made by learned APP that the Investigation Officer had sent letter dated 26th June, 2009 to expert at Yavatmal calling opinion as to whether death of deceased Sheetal was homicidal or suicidal. 2 It is the case of the petitioners in the present application that no letter was sent on 26th June, 2009 to expert by the Investigation Officer. The same was denied by the respondent. In order to verify the authenticity of statement made in the reply, we called upon learned APP to make available the original inward and outward register of Police Station, Chandur-Bazar. On perusal of the same, prima facie we felt that the letter dated 26th June, 2009 was not actually sent but there was interpolation made in the register to justify sending of letter on 26th June, 2009. Thereafter, affidavit has been filed by Dr. Dalbir Bharti, Inspector General of Police, Amravati Range, Amravati stating therein that according to him prima facie the entry no.815 regarding the despatch of communication to Government Medical College and Hospital, Yavatmal made in the register on 26th June, 2009 appears to be interpolation in the space left between the regular entry no.815 to 816 by modifying serial number of original entry no.815 to 816. In the said affidavit Dr. Dalbir Bharti has stated that he proposes to hold the preliminary enquiry by an officer of the rank of Sub Divisional Police Officer to fix the responsibility of all concerned involved in the interpolation and to take departmental action and also to initiate criminal proceedings, if necessary. There is no dispute that although communication was not sent on 26th June, 2009, the 3 opinion of panel Doctor of Government Medical College and Hospital, Yavatmal has been already sought. In view of this position the main prayer in the application no more available to the applicants at this stage. Insofar as interpolation in the register is concerned, we accept the statement made by Dr. Dalbir Bharati, Inspector General of Police, Amravati Range, Amravati that he would hold preliminary enquiry and to fix the responsibility for interpolation. Such enquiry be held within a period of three months and after ascertaining the identity of the person/persons responsible for the same, further direction is given to initiate appropriate criminal action by filing FIR against the concerned person/persons. The application stands disposed of accordingly. In view of disposal of above application bearing No.66/2009, Criminal Application (APPW) No.65/2009 does not survive and the same is disposed of. JUDGE JUDGE GULANDE