This writ petition questioned the adequacy of the investigation into the petitioner's father's murder. The Court found lacunae, including failure to trace critical witnesses, and directed transfer of investigation to C.B.I.
Investigation transferred to C.B.I.; State Government to provide logistical support.
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.
910-wp-48-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.48 OF 2014
Mihir Premkant Jha...Petitioner
vs.
State of Maharashtra & Ors. ...Respondents
Mr. Subhash Jha @ Rushita Jain, for the
Petitioner.
Mr. J.P. Yagnik, APP for the State.
DATE :AUGUST 12, 2014
P.C:
1.Heard the learned counsel appearing on
behalf of the petitioner and the learned APP
appearing for the State.
The learned counsel appearing on behalfof the petitioner submits that despite an order
passed by this Court on 26th February, 2013 in
Criminal Writ Petition No.3052 of 2012,
1/4
Vishal Parekar
910-wp-48-2014
transferring the investigation to the State
C.I.D., CBD, Belapur, proper investigation has
not been done. It is submitted that one Premkant
Shivji Jha, a national PRO of Bhrashtachar-
Atyachar Virodhi Samity (India) was murdered on
account of his exposure of massive illegal
constructions in Vasai-Virar areas. It is
submitted that there is possibility of number of
influential persons being involved in the
conspiracy to eliminate him. It is submitted
that even State C.I.D., CBD, Belapur has not
taken proper steps to investigate the commission
of the said offence. It is submitted that one
Pravin Thakur had informed the petitioner that a
revolver fitted with silencer was used for
eliminating the petitioner's father. It is
submitted that statement of said Pravin Thakur is
not recorded by the police. Secondly, it is
submitted that one Ganga, a maid servant of Hamid
Shaikh was also said to be an eye witness of the
2/4
Vishal Parekar
910-wp-48-2014
said incident. It is submitted that her statement
is also not recorded and now whereabouts of these
persons are not known and they are not traceable.
It is submitted that on account of political
pressure, a show of investigation is made by the
C.I.D. It is submitted that therefore the
investigation may be transferred to C.B.I.
On the other hand, the learned counselappearing on behalf of State has submitted report
dated 5th August, 2014. We have perused the said
report. Report merely speaks that 50 witnesses
have been examined and there were six suspected
accused. In the said report no reference is made
to the two crucial eye witnesses and no effors
appear to have been made to trace about the
whereabouts of these two persons. It is submitted
that however in spite of investigation being
made, no clues have been found by the
investigating agency.
3/4
Vishal Parekar
910-wp-48-2014
4.In our view, taking into consideration
the lacuna in the investigation, we are of the
view, that investigation needs to be transferred
to C.B.I. so that the accused are influential
persons who are having political background would
not be in a position to influence the officers of
C.B.I. Investigation, accordingly, is transferred
to the Central Bureau of Investigation(C.B.I.).
State Government shall give all logistical
support to the officers of C.B.I. C.B.I. to
carry on the investigation and submit the report.
Writ petition is disposed of in the aforesaid
terms.
4/4
Vishal Parekar
2 issues framed by the court
Whether the investigation into the murder of Premkant Shivji Jha needs to be transferred to C.B.I. due to suspected influence by accused persons.
Whether crucial eyewitness statements were properly recorded by the investigating agency.
1 provisions across 1 enactments
Mihir Premkant Jha
State of Maharashtra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court