1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 125 OF 2009 (STATE OF MAHARASHTRA, THR. PSO NANDANVAN ..VS.. PANKAJ YASHWANTRAO BADHIYA & ANR.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri Y.B.Mandpe, A.P.P. for Applicant. Shri A.K.Bhangde, Advocate for Respondent No.1. Shri R.M.Daga, Advocate for Respondent No.2. CORAM : A.B.CHAUDHARI, J. DATED : FEBRUARY 20, 2009. 1. The incident of gang rape in the instant case took place on 07.05.2008 at about 8.30 p.m. and some of the accused persons were unknown to the prosecutrix. The accused persons were arrested on 10.05.2008 and thereafter chargesheet was filed. On 26.07.2008, i.e. almost after 2½ months test identification parade was held. Though there is explanation tendered by the concerned Investigating Officer, supported by a chart showing that he was busy in other investigations, I do not think that he was prevented from holding the parade within a reasonable time. It must be borne in mind that when the accused persons were unknown and the incident took place in the night, with utmost care and dispatch the parade was required to be held immediately but that has not been done. In paragraph 7 of the reply the Investigating 2 officer has stated that he was not given dates for holding parade by the Executive Magistrate at the earliest possible. In the above background, therefore, I am inclined to issue following directions : (i) The Collector of the District is directed to inform all the Executive Magistrates, who are assigned job of holding test identification parade, to hold such parade no sooner the requisition is given to them and not to postpone the same. (ii) The Commissioner of Police is directed to inform all the Investigating Officers that such parade shall be held immediately after the arrest of the accused and failure to do so shall be treated as misconduct on the part of the concerned Investigating Officer. (iii) The Commissioner of Police is further directed to hold preliminary inquiry against the concerned Investigating Officer as to whether the explanation tendered by him for holding parade almost after 2 ½ months is plausible. 2. The application is, accordingly, disposed of. 3. Copy of this order be sent to the Collector and the Commissioner of Police, concerned. JUDGE 3 RR.