1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1642 OF 2009 Chandrakant Pandurang Shelke .. Petitioner V/s State of Maharashtra & Ors. .. Respondents Mr.P.R.Arjunwadkar for the petitioner. Smt.V.R.Bhosale, APP for the State. CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 7TH JULY, 2009. P.C.: 1. The petitioner is the father of one Deepali. He has filed this petition seeking a direction to the respondents i.e.the State of Maharashtra and the Mira Road Police Station, Thane, to register complaint dated 28.7.2008 filed by him in Mira Road Police Station, Thane (Gramin) for the offence punishable u/s.302 of the IPC for the murder of his dauther Deepali alongwith the child in the womb. 2. The case of the petitioner is that his daughter Deepali was married to one Parag Sawant in April, 2003. After marriage, Parag as well as members of his family started illtreating Deepali and started making demands of money, ornaments etc. In the petition details are given as to how illtreatment was meted out to Deepali. It is not necessary to burden our 2 order with those details. 3. On 28.7.2008 A.D.No.81/2008 came to be registered u/s.174 of the Cr.P.C.by Parag at Mira Road Police Station. It appears that the police were informed that Deepali committed suicide. It is the case of the petitioner that after committing murder of Deepali a false AD came to be registered by Parag. According to the petitioner Parag’s brother Rupesh gave false telephone message to one Manoj, the son-in-law of the petitioner that Deepali had committed suicide by hanging herself. The petitioner’s son-in- law and his son reached the residence of Deepali. They found Deepali hanging and her hands were tied. The police visited the place of incident and inquest panchanama was drawn. The police took photographs of the deceased. We have been shown those photographs. Indeed, the hands of the Deepali are seen to have been tied by rope. 4. According to the petitioner he rushed to the Mira Road Police Station and lodged a complaint specifically alleging that Deepali was murdered. However the said complaint was registered vide Crime No.461/2008 for the offences punishable u/s.304B, 498A read with 34 of the IPC. The grievance of the petitioner in short is that, though it was a clear case of murder, the police refused to register the offence u/s.302 IPC against Parag and his family members. 5. We have heard Mr.Arjunwadkar, learned Counsel for the petitioner at some length. Mr.Arjunwadkar has drawn our attention to the Post Mortem Notes. The Post Mortem Notes indicate that there was ligature mark of 3 hanging round the neck; there were abrasions on the right and left wrist joints and there were three marks of hanging on the neck. The cause of death is stated as death due to asphyxia due to hanging. 6. Our attention is drawn to the order dated 16.8.2008 passed by learned Sessions Judge, Thane, on the bail application filed by Parag, husband of Deepali. Learned Judge rejected the said bail application of Parag by observing thus; “..... On the other hand Ld.A.P.P. Mr.Londhe showed me some photographs from the investigation papers. In the photograph the hands of the deceased tied when she was hanging. It is quite impossible that the deceased would tie herself and then hanged herself to the ceiling. Mr.Londhe has rightly showed the suspicion that it might be a murder in which the present applicant is also involved. The allegation against the applicant is that he was also harassing the deceased for money. Considering the nature of accusation, I find that it will not be proper to release the applicant on bail at this juncture, as the investigation is incomplete. ...” 7. The bail application filed by Rupesh, the brother of Parag came to be allowed on 6.9.2008. 8. Parag filed second bail application. Learned Judge diluted his earlier observations and observed as under:- “It also appears that two suicidal notes have been left by the deceased suggesting that the applicant and other members of the family had no role behind her committing suicide. No doubt those suicidal notes are sent for examination of handwriting expert. But prima facie, it appears that there is no role of the applicant in the crime of abetment of suicide.“ 4 After so observing, learned Judge released Parag on bail in the sum of Rs. 15,000/- with surety of the like amount. 9. Having perused the Post Mortem notes and having seen the photographs of deceased Deepali taken by the police where she is seen hanging with her hands tied, we are amazed as to how the police could not have registered offence u/s.302 of the IPC. 10.After filing the petition, an affidavit has been filed by Vijaysingh Ramchandra Bhosale, Assistant Police Inspector attached to Mira Road Police Station. The same is taken on record and marked `X’. Paragraph 7 thereof reads as under:- “I say that Predecessor PSI GIRI filed the chargesheet under section 304 (B), 498-A, 316 r.w.34 of Indian Penal Code. In good faith thereafter I scrutinized all documents viz.FIR filed by the petitioner, deceased’s photo, p.m.notes. Thereafter, I found that the offence is a grave nature and the matter needs further investigation since thee is a valid and sufficient ground for further investigation in the matter. I can make an application for addition charge under section 302 r.w.34 of the Indian Penal Code in the appropriate Hon’ble Court.” 11.Too late in the day the police have realised the need to make proper investigation. Tell-tale circumstances appear to have been ignored by the police. We are unhappy about the manner in which the police have handled the investigation. In view of the affidavit filed by the police and in the circumstances of the case we expect the police to take appropriate steps in accordance with law and conduct the investigation efficiently and conclude it expeditiously. Looking o the manner in which the 5 investigation has proceeded so far we direct that further investigation be done by the Senior Inspector of Police, Mira Road Police Station. It may be supervised by the Superintendent of Police, Thane. If section 302 is added, the police may consider whether applications for cancellation of bail are required to be made and may take independent decision in that behalf. If any observations made by us touch the merits of the case, since they are prima-facie observations the police may conduct investigation uninfluenced by them. We expect impartial investigation. 12.The Petition is disposed of. 13.Copy of this order be forwarded to the Director General of Police, State of Maharashtra for his perusal. ( SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)