Dismissed

Ganesh Maharu Zope v. the State of Mah and Ors.

Bombay HC8 Feb 2012WP/12/2012

Case brief

AI extract

What is this about?

The High Court rejected a writ petition seeking transfer of investigation of a criminal case from local police to State C.I.D. and departmental action against the IO. The court held interference was premature as the case is at the B-Stage Report stage where the Magistrate must be given opportunity.

What did the court decide?

Petition rejected as interference not possible at this stage where case is at B-Stage Report.

Ganesh Maharu Zope Vs the State of Mah and Ors. — Writ and Judicial Review | Bombay HC (2012)

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Cri.W.P. 12/2012

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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO. 12 OF 2012

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Ganesh s/o. Maharu Zope, Age 51 yrs., Occu. Agri. R/o. Varangaon, Tq. Bhusawal, Dist. Jalgaon.

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....Petitioner.

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Versus

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The State of Maharashtra Through the Secretary Home Department, Mantralaya Mumbai-2.

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The Special Inspector General of Police, Nashik Region, Nashik.

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The Superintendent of Police, Jalgaon District, Jalgaon.

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The Sub Divisional Police Officer, Muktai Nagar, Tq. Muktai Nagar, Dist. Jalgaon.

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The Police Inspector, Varangaon Police Station, Varangaon, Tq. Varangaon, Dist. Jalgaon.

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....Respondents.

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Mr. B.R. Warma, Advocate for petitioner. Mr. V.D. Rakh, A.P.P. for State.

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CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ.

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RESERVED ON : 3rd February, 2012. PRONOUNCED ON : 8th February, 2012.

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Cri.W.P. 12/2012

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ORDER : [PER T. V. NALAWADE, J.]

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The petition is filed under Article 226 of Constitution of India for the direction to hand over the investigation of Crime No. 84/2011, registered with Varangaon Police Station, Tahsil Bhusawal, District Jalgaon to State C.I.D. from the police station. The relief is also claimed for issuing direction to take departmental action against the Investigating Officer of this crime. Both the sides are heard.

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It is the case of petitioner that in one incident dated 27.8.2011, at about 9.00 p.m., when he was returning from his field to village Varangaon, his four wheeler was intercepted by four persons, who were on two motorcycles. He has contended that these four persons had covered their faces with cloth and they assaulted him with sharp weapons. He has contended that damage was caused to his motor vehicle by using iron bars. He has contended that when these four persons were leaving the spot, one of them called other person as "Saleem" and so he realized that name of one of them was "Saleem".

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The report came to be given on 30.8.2011 against four unknown persons. During investigation, police have collected

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Cri.W.P. 12/2012

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the record like M.L.C. from Rural Hospital and they prepared panchanama of the clothes produced by the petitioner. Supplementary statement of petitioner is recorded and the statement of one person like Gokul Sabale, who was working in the field of petitioner, is also recorded, but he has no personal knowledge regarding the incident.

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The record shows that the petitioner has suspicion that one Chandrakant Bade had hired these persons to finish him. The record shows that petitioner and Chandrakant Bade were in the management of a Co-operative Credit Society of Varangaon and two crimes at Cr. Nos. 16/2008 and 90/2010 are registered against them for misappropriation of amount of the society. Total amount shown to be misappropriated is around Rs. 13 Crore. During investigation of present case, information was collected in respect of Chandrakant Bade by police and it is informed that there is dispute between Chandrakant Bade and present petitioner. The crimes regarding misappropriation of amount of credit society are being investigated by C.I.D. During enquiry, it transpired that at the relevant time, Chandrakant Bade was in company of few persons at other place. It appears that police could not trace out any assailant. Affidavit is filed by the Investigation Officer to the effect that he has prepared "B"

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Cri.W.P. 12/2012

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Summery Report and Deputy Superintendent of Police has sanctioned the report. In the affidavit dated 20.1.2012 it is informed that this "B" Summery Report will be submitted before concerned Judicial Magistrate, First Class.

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It was submitted for the petitioner that said Bade is influential person and he has managed the case and so police machinery has not made investigation fairly and properly. Reliance was placed on one case reported as 2012 (1) SCALE 328 (Azija BegumVs. State of Maharashtra & Anr.). In view of the facts of the said case, the Apex Court had directed Additional Director General of Police, State C.I.D., to order a proper investigation in the matter, when Judicial Magistrate, First Class had directed further investigation under section 173 (8) of Criminal Procedure Code to the same police station. Such stage has not come in the present matter and there is no reason for the present petitioner to have a doubt about the order which may be passed by J.M.F.C. on "B" Summery Report. As per the procedure, the J.M.F.C. would issue notice to the petitioner before accepting the report. In view of these circumstances, this Court holds that no interference is possible at this stage. The petitioner will have the opportunity to produce the relevant material before the J.M.F.C. and petitioner can satisfy the Magistrate in respect of his

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Cri.W.P. 12/2012

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case and in that case, further investigation can be directed by the Magistrate. So the petition stands rejected.

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[ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.]

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ssc/

Ganesh Maharu Zope v. the State of Mah and Ors.

Case brief

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Ganesh Maharu Zope v. the State of Mah and Ors.

Case brief

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