1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1108 OF 2009 Mrs.Sujata Pradeep Shirsolkar .. Petitioner V/s The State of Maharashtra & Ors. .. Respondents Mr.Nitin Pradhan for the petitioner. Mr.A.S.Gadkari for the State. CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 7TH JULY, 2009. P.C.: . The petitioner is the wife of one Pradeep Shirsolkar. It appears that Pradeep Shirsolkar was working as Assistant Commissioner of Police, Caste Verification Committee at Konkan Bhavan, C.B.D.Belapur. In this petition filed under Article 226 of the Constitution of India, the petitioner has interalia prayed that the investigation into private complaint bearing number RCC 365 of 2007 pending on the file of learned Judicial Magistrate First Class (JMFC), Belapur, Navi Mumbai may be transferred to CB CID, Mumbai, for investigation in accordance with law. 2. A few facts may be necessary to appreciate the basic contentions raised in the petition. The petitioner was married to Pradeep Shirsolkar on 2 2.10.1985. It appears that upto about 4.3.2007 the relations between the petitioner and Pradeep Shirsolkar were cordial. According to the petitioner on 4.3.2007 Pradeep Shirsolkar left the matrimonial home. He was away for about two months. According to the petitioner Pradeep Shirsolkar was having extra marital relations with one Ashu Pawar. On 25.5.2007 when the petitioner visited Pradeep Shirsolkar’s ofice at Konkan Bhavan, she found Pradeep Shirsolkar with the said Ashu Pawar. According to the petitioner, both Pradeep Shirsolkar and Ashu Pawar beat her and tried to throw her from the 7th floor. Some people standing there saved her. The petitioner then rushed to CBD Belapur Police Station. According to the petitioner Pradeep Shirsolkar was present at the police station. Complaint of the petitioner was not taken as per her narration. The police recorded INR 92 of 2007 under sections 325, 323, 504, 506 read with section 34 of the IPC. The petitioner’s grievance is that since Pradeep Shirsolkar and Ashu Pawar tried to throw her from the 7th floor, the police should have registered offene u/s.307 IPC, and since she had told the police that she was subjected to harassment they should have registered offence u/s.498A IPC. The police however failed to do so. The petitioner filed private complaint in the Court of JMFC, Belapur at 30.5.2007 being RCC No.365 of 2007. On 31.5.2007 learned JMFC passed an order u/s.156(3) of the Cr.P.C., directing the police to investigate and submit the report. It is the grievance of the petitioner that till date the police have not done anything in the matter. No investigation is conducted and this is because at the relevant time Pradeep Shirsolkar was occupying high post in the Bombay Police Force. He was Assistant Commissioner of Police. We are informed that Pradeep Shirsolkar is now suspended. 3. We have heard Mr.Pradhan, learned Counsel for the petitioner. He 3 made a serious grievance about the conduct of the police. He stated that the police tried to shield Pradeep Shirsolkar as he was holding the post of Assistant Commissioner of Police. We find substance in Mr.Pradhan’s grievance. 4. Mr.Gadkari, learned APP submitted a copy of the letter dated 20.9.2008 addressed by the Sr.Inspector of Police, Belapur Police Station to the JMFC, Vashi, Navi Mumbai.. In that letter, it is stated that the petitioner had earlier filed one complaint at the CBD Balapur Police Station being CR No.92 of 2007. Thereafter she has filed private complaint on 30.5.2007 and order is passed u/s.156(3) of the Cr.P.C. It is further stated in the letter that in respect of earlier complaint, a chargesheet has been filed in the court on 10.9.2007 and the Court Case Number thereof is 703 of 2007. What is sought to be conveyed by the said letter is that in respect of similar complaint which was filed by the petitioner, chargesheet is filed. Endorsement made on this letter shows that after taking this letter on file, the JMFC has filed the proceedings. A copy of this letter is taken on record and marked as `X’. 5. We record our dis-satisfaction about the manner in which the police have dealt with the case. We have no doubt in our mind that proper investigation was not done in this case only because Pradeed Shirsolkar was at the relevant time holding the post of Assistant Commissioner of Police. The petitioner is justified in asking for transfer of the investigation. In the earlier complaint filed by the petitioner vital sections of IPC were omitted. When she told the police that attempt was made to throw her from the 7th floor of the building, the police should have added section 307 of the IPC. Instead only sections 325, 323, 504, 506 of the IPC were registered against the accused. 4 When she filed private complaint, letter was sent indicating that in respect of same allegations another complaint was filed and the chargesheet is filed. Surprisingly, without looking into the merits of both the complaints, learned Magistrate filed the proceedings. Prima-facie this is a case of grave injustice. It is absolutely clear that no investigation has been done pursuant to the order dated 31.5.2007 passed by the JMFC u/s.156(3) of the Cr.P.C. 6. In the circumstances, we direct that the investigation of the private complaint being RCC No.365/2007 pending on the file of JMFC, Belapur, New Bombay be transferred to CB CID, Mumbai for investigation in accordance with law. The entire medical record pertaining to the petitioner from (i) Mahatma Gandhi Mission Hospital, CBD Belapur, Navi Mumbai, (ii) Navi Mumbai Municipal Corporation’s General Hospital and (iii) Sir J.J.Hospital, Mumbai, be kept in the custody of CB CID, Mumbai. We expect CB CID, Mumbai to conduct expeditious investigation and take it to its logical conclusion. 7. Petition is disposed of. 8. Copy of this order be forwarded to the Director General of Police, State of Maharashtra and to the Principal Secretary, Home Department, State of Maharashtra for information. ( SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)