cwp64.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.64 OF 2011 Shri. Angad s/o Bhausaheb Choure, R/o-Nagzari, Tq-Kej, Dist-Beed. ...PETITIONER. VERSUS 1) The State of Maharashtra, Department of Home Ministry, Mantralaya, Bombay. 2) Superintendent of Police, S.P. Office Beed, Tq. & Dist-Beed, 3) Police Inspector, Police Station, Dharur, Tq-Dharur, Dist-Beed, 4) Anil s/o Madhukar Budhwant, R/o-Dhanora, Tq-Kalamb, Osmanabad, 5) Sanjay s/o Sais Bondar, R/o-Dhanora, Tq-Kalamb, Osmanabad, 6) Bitya s/o Laxman Doefode, R/o-Salegaon, Tq-Kej, Dist-Beed, 7) Sachin s/o Gokuldas Choure, R/o-Jiwachiwadi, Tq-Kej, Dist-Beed, cwp64.11 2 8) Security Officer, Gangakhed Sugar Private Ltd., Gangakhed, Tq-Gangakhed, Dist-Parbhani. ...RESPONDENTS. ... Shri. S.W. Jawale Advocate for Petitioner. Shri. K.G. Patil, A.P.P. for Respondent Nos. 1 to 3. Shri. B.N. Magar Advocate for Respondent Nos. 4 and 6. Shri. M.R. Andhale Advocate for Respondent No.7. Shri. K.M. Mundhe Advocate for Respondent No.8. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 18TH APRIL, 2011 PER COURT : 1. The Petitioner alleges that Respondent Nos. 4 to 7 forcibly took Sushen Choure, brother of Petitioner, with them. The counsel for the Petitioner submitted that on 11th November, 2010, Petitioner tried to file complaint with the police, which was not accepted. Thereafter cwp64.11 3 Petitioner filed application under Section 97 of the Code of Criminal Procedure in the trial Court. Search warrant was issued by the trial Court. The brother of the Petitioner could not be found. Thereafter the Petitioner filed this Petition on 28th January, 2011. By an order dated 4th February, 2011, notices were issued to the Respondents. The Respondent Nos. 2 and 3 filed affidavit in reply. 2. The learned A.P.P. submits that officer of Dharur Police Station is present today. The Petitioner is present in the Court according to the counsel, and he identifies Sushen Choure, to be his brother. 3. The learned A.P.P. submits that statement of Petitioner – Angad Choure was recorded on 21st February, 2011 and crime was registered being Crime No.11 of 2011 at Dharur Police station for offence punishable under Section 365 read with cwp64.11 4 Section 34 of the Indian Penal Code. 4. We have noticed in some matters, that offences of this nature are increasing. The investigating agency shall investigate the case strictly in accordance with law and complete the investigation at the earliest. 5. Learned counsel for the Petitioner submits that Sushen Choure, brother of the Petitioner was released by Respondent Nos. 4 to 7 on 8th April, 2011 and he was with the Petitioner since then. In this view of the matter, the purpose of filing of this Petition is achieved. The Writ Petition is disposed of. 6. The Registry of this Court to forward copy of this order to the Superintendent of Police, (Rural), Beed. . Authenticated copy of this order be cwp64.11 5 provided to the learned A.P.P., to forward the same to the Investigation Officer. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/APR11/cwp64.11