This appeal dismissed the writ petition challenging a conviction order under Section 304-A IPC. The court found no merit and ordered action against the absent Investigating Officer.
Writ petition dismissed; SP to call explanation from IO and forward for action.
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.
cwp451.10
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.451 OF 2010
The State of Maharashtra.
...PETITIONER.
VERSUS
Bhaskar Sitaram Joshi,
R/o-Zilla Prashikshan Sangh,
Parbhani, and others.
...RESPONDENTS.
...
Smt. V.A. Shinde, A.P.P. for Petitioner.
...
CORAM: NARESH H. PATIL, J.
DATE : 30TH JANUARY, 2012
PER COURT :
1.Heard learned A.P.P. appearing for the
Petitioner - State.
2.The Petitioner challenges the order
passed by the Judicial Magistrate First Class,
Parbhani on 22nd January, 2010, in the proceedings
cwp451.10
2
of C.C. No.4109 of 2001 filed for the offence
punishable under Section 304-A of the Indian Penal
Code, which was confirmedbytheAdditional
Sessions Judge, Parbhani on 8th February, 2010 in
Criminal Revision No.10/2010.
3.From the material placed on record, it
seems that several efforts were made by the trial
court to secure presence of the Investigating
Officer, which turned futile. The impugned order
is eloquent enough to demonstrate the sorry state
of affairs, wherein the Investigating Officer did
not turn up to depose before the Court inspite of
several wireless messages and summons issued to
him.
4.Even otherwise, on merits, no case is
made out to interfere in the matter. The Writ
Petition is dismissed.
5.The Superintendent of Police, Parbhani
cwp451.10
3
shall call explanation from the concerned
Investigating Officer and forward the explanation,
for appropriate action, to the superior officers.
The Registry to transmit the writ forthwith.
[NARESH H. PATIL, J.]
asb/JAN12
2 issues framed by the court
Whether the High Court should interfere with the order of the Judicial Magistrate confirming the conviction in the case under Section 304-A IPC despite the Investigating Officer's non-appearance.
Whether the writ petition challenging the confirmation of conviction should be dismissed.
1 provisions across 1 enactments
The State of Maharashtra
Bhaskar Sitaram Joshi
NARESH H. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court