1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Writ Petition No.354 of 2009 Pravin Dalsukhram Upadhyay Petitioner Vs. State of Maharashtra Respondent Mr.Mahesh Prajapati i/b. ABG Associates for petitioner. Mrs.M.M.Deshmukh, APP for State. Ms.Mallika Ingale with Ms.Nirmala Vyas for proposed resp.no.2. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. December 3, 2009. P.C. 1. We have heard the learned counsel for the petitioner who prays for directions to the GB CB CID Branch of Mumbai Police to investigate into the missing of his daughter and further directions to the Nalasopara Police Station to submit the report of investigation carried out till the petition was filed. 2. The petitioner’s daughter Rima was working in the office / establishment where Shri Mehul Shah was employed and they 2 fell in love. They got married on 5/8/2005 but against the will of the petitioner. She gave birth to a son on 15th July 2008. As per the petitioner he talked to his daughter on 31st July 2008 and he apprehended that she was very upset and from 2nd August 2008 he could not contact her and she was missing. 3. Pursuant to the directions issued by this Court from time to time investigation reports have been placed before us. These reports are dated 9/9/2009 and 26/11/2009. The I.O. concerned who is present before us has also shown the investigation files including the post mortem report dated 4/8/2008, the spot panchanama of the same date and inquest as well. The DNA report dated 24/9/2009 submitted by the Directorate of Forensic Science Laboratories, State of Maharashtra is also on record. As per the I.O. and the investigation carried out till now, the Police Patil of village Rangaon lodged his report with the Nalasopara police station pointing out that an unknown female body was noticed at the seashore of Rangaon at about 6 a.m. on 4/8/2008 and there were no clothes on the body except the undergarment. The police, therefore, reached the spot, recovered the dead body and post mortem was carried out at the Primary Health Centre, 3 Navghar at about 2.30 p.m. The cause of death in the said PM report is strangulation. The investigation carried out till now also indicates that the lady was strangulated and thrown into the seas. On the dead body there was a nylon rope tied with one leg. The DNA report dated 24/9/2009 has concluded that the petitioner is the putative father and his wife is the putative mother of the unknown female whose dead body was recovered on 4/8/2008 from the seashore of Rangaon within the limits of Vasai Police Station in Thane District. 4. Shri Mehul Shah is also present before us and he states that in the early hours of 2nd August 2008 his wife Rima left the matrimonial home in a bikini / housecoat and he came to know of the same after some time. He, therefore, with the help of his mother went around searching for her from the Railway Station and approached the nearest police station to lodge a complaint. Ultimately his complaint was recorded around 11 a.m. on 2/8/2008 by Nalasopara Police Station. He was called by the I.O. on 4/8/2008 and he identified the said unknown female to be his wife. However, the dead body was not handed over to him and it was buried by the police with the permission of the concerned Tahsildar on 5/8/2008. We are also informed that 4 with the permission of the concerned Tahsildar the dead body was exhumed for undertaking the DNA test. It is also stated by the I.O. that when the body was buried, exhumed and re- buried, neither the husband nor the petitioner was present. It is the case of the I.O. that the petitioner refused to identify the clothes / belongings shown by the police and he did not claim the dead body. We are informed that the investigation is in progress and statements of the neighbours, known relations as well as Shri Mehul Shah have been recorded. 5. The investigation carried out till now indicates that the petitioner’s daughter died a homicidal death and the same, prima facie, does not point a finger of doubt against the petitioner’s son-in-aw. 6. We direct that the investigation shall be continued and on completion of the same, the IO will submit the report to the concerned Court. We expect the investigation to be completed as expeditiously as possible. 7. We are also informed that the petitioner had engaged Metropolitan Security and Detective Services Pvt. Ltd. to locate 5 the whereabouts of his missing daughter Mrs.Rima Shah as well as the cause of death. The said agency submitted its report dated 9/11/2008 and a copy of the same has also been forwarded to the IO. The said report was placed before us for our perusal. The report, prima facie, makes out a case of an accidental death. It would not be proper to record any opinion at this stage except the fact that as per the post mortem report the cause of death is strangulation. The report is taken on record. 8. Petition is disposed off. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)