1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3096 OF 2009 WITH CRIMINAL APPLICATION NO. 150 OF 2010 Shri Shankar Tamma Jundhale .. Petitioner Vs. Inspector of Police, Mangalwedha Police Station, Mangalwedha, District – Solapur and ors. .. Respondents Mr. Abhijeet Kandarkar for petitioner. Mrs. S.D. Shinde, APP for State. Mr. Amol Patil i/by Mr. Amit Sale for intervener in APPW No. 150/2010. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. JUNE 25, 2010. P.C. 1. Heard Mr. Kandarkar, the learned counsel for the petitioner. 2. The petitioner is an agriculturist from Laxmidahiwadi, Taluka – Mangalwedha, District – Solapur and his son died an unnatural death on 14/11/2008. He, therefore, filed an FIR with the Mangalwedha Police Station on the same day and it came to be registered as C.R. No. 227 of 2 2008 for the offences punishable under Sections 302, 143, 147, 148 read with Section 149 of IPC. He states that he has given names of seven accused in the said FIR and none of them have been arrested as of now. As per him Shri Sanjay Siddheshwar Jalgire is one of such accused against whom the police have not taken any steps. Said Jalgire has filed Criminal Application No. 150 of 2010 for intervention in this petition and to oppose the same. 3. On notice, Shri Pramod Honrao, Deputy Superintendent of Police, Pandharpur Division, Pandharpur has filed affidavit-in-reply. As per the said affidavit, PSI Deokar was the IO in C.R. No. 227 of 2008 till 30/11/2008 and on his transfer, the investigation came to be handed over to PI Nighot from 1/12/2008 onwards. Shri Nighot retired and, therefore, the investigation was handed over to Dy. S.P. - Shri Patil and the present affiant has taken charge from Shri Patil from 1/1/2009. 4. During the course of investigation, it was revealed that the petitioner’s late son was allegedly involved in an illicit relationship with one Mrs. Rekha Kamble and her statement came to be recorded under Section 164 of Cr. P.C. before the learned JMFC, Mangalwedha on 3 17/11/2008. Two accused persons came to be arrested i.e. Nandu Gaikwad and Satish Ghule during the course of investigation. The IO also recorded the statement of Mrs. Jyoti Shinde, the daughter of Mrs. Rekha Kamble on 18/12/2008 and this was recorded in the presence of the Special Executive Magistrate as well as one of the members of the National Human Rights Commission. The statements of two eye witnesses, namely, Shri Someshwar Vithal Patil and Shri Kallappa Tammana Kore were also recorded by the IO. On the basis of the statement of Mrs. Jyoti Shinde, IO also arrested Laxman Kamble, husband of Mrs. Rekha Kamble and his brother Sharad Kamble. On completion of investigation, charge-sheet came to be filed on 18/3/2009 before the learned JMFC at Mangalwedha and this was done within the stipulated period of 90 days. 5. The learned counsel for the petitioner contends that there are some more eye witnesses whose statements ought to have been recorded by the police. However, he is not able to state the names of such eye witnesses before us. In any case, Section 173(8) of Cr.P.C. provides for further investigation and if the petitioner approaches the affiant Shri Pramod Honrao, Dy.Superintendent of Police, Pandharpur Division, Pandharpur and provides the names of the alleged eye witnesses, we direct that 4 their statements shall be recorded by the IO and based on the said material, additional charge-sheet, if any, may be filed or if such statements have any bearing on the charge-sheet already submitted, the copies thereof shall be placed on record along with the charge-sheet before the learned JMFC. 6. Save and except the above directions, the petition stands disposed off. 7. Criminal Application No. 150 of 2010 does not survive and shall stand disposed as such. (ANOOP V. MOHTA,J.) (B. H. MARLAPALLE, J.)