In this criminal writ petition, the petitioner challenged the police investigation into her son's murder, alleging failure to prosecute relatives. The High Court held that no interference was warranted at that stage and that instead, she should resort to filing a complaint with a Magistrate under the Criminal Procedure Code.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.635 OF 2009
* |
Ajija Begum W/o Anwar Khan,Age 50 years,Occupation : Household,R/o Lane No.4, Indiranagar,Baijipura, Aurangabad. ...Petitioner. |
|---|---|
Versus |
|
1) |
The State of Maharashtra,Through Secretary toHome Department, |
Mantralaya, Mumbai – 32. |
|
2) |
Additional DirectorateGeneral, CID Crime,Maharashtra State, Pune. |
3) |
Commissioner of PolicePolice Commissioner,Office, Mill Corner,Aurangabad.... Respondents.-------- |
Shr |
i. D.K. Kulkarni, Advocate for petitioner. |
Shri. S.D. Kaldate, Additional Public Prosecutor,
for respondents 1 to 3.
CORAM: NARESH H PATIL &
SHRIHARI P DAVARE,JJ.
DATE: 4th AUGUST 2009
2
ORAL ORDER:
1)Heard.
2)The learned counsel Shri. Kulkarni
submits that the police have not investigated the
crime properly. The complaint filed by the
petitioner Ajija Begum Anwar Khan, mother of the
deceased Imran, filed a complaint on 22nd
February 2009 with Jinsi police station, which
according to the counsel, was treated as a
missing report. After 4 days wife of the deceased
namely Farhana Khan filed complaint on which
police started investigation, completed the
investigation and filed charge sheet against two
sons of the present petitioner. The petitioner
submits that there is material to show that some
other persons including some relatives are
involved in the murder of her son and there is
some supporting material which the petitioner is
in possession to disclose. The petitioner,
therefore, prays that the crime requires fresh
investigation by an independent agency than the
police agency.
3
3)In the facts of the case we find that
the petitioner may first resort to statutory
remedies available to her as provided in the
Criminal Procedure Code. The counsel submits
that even applications were filed by the
petitioner to the Commissioner, Home Ministry and
other dignitaries.
4)We find that the petitioner, if desires,
may resort to the procedure established under the
Code of Criminal Procedure by filing a complaint
to the Magistrate. At this stage no interference
is called for.
5)The writ petition stands dismissed.
(SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.)
rsl/ crwp.635.09
2 issues framed by the court
Whether High Court should interfere with police investigation when petitioner claims failure and wish to implicate other persons?
Whether petition may resort to filing complaint with Magistrate before seeking interference?
1 provisions across 1 enactments
Ajija Begum W/o Anwar Khan
The State of Maharashtra Through Secretary to Home Department
Additional Directorate General, CID Crime, Maharashtra State, Pune
Commissioner of Police, Aurangabad
NARESH H PATIL
SHRIHARI P DAVARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court