Disposed

Balaram Govind Mhaskar and Ors. v. the State of Maharashtra

Bombay HC9 Aug 2024APL/610/2024

Case brief

AI extract

What is this about?

Investigation into an alleged Section 307/397 IPC assault was found lackadaisical, with statements and medical certificates not collected amid a purported compromise. The court directed the Commissioner of Police, Thane to personally file a detailed affidavit within two weeks and adjourned the applications to 13 September 2024.

What the court decided

AI extract

Balaram Govind Mhaskar and Ors. vs the State of Maharashtra — Bail and Remand | Bombay HC (2024)

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Gitalaxmi 55-apl-605-2024 with apl-610-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 605 OF 2024

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Mr. Shridhar Kacharu Mhaskar & Ors. …..Applicants

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Vs.

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The State of Maharashtra & Anr. …..Respondents

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WITH

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CRIMINAL APPLICATION NO. 610 OF 2024

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Mr. Balaram Govind Mhaskar & Ors. …..Applicants

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Vs.

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The State of Maharashtra & Anr. …..Respondents

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Mr. Robinsingh Palthiya for the Applicants in APL/605/2024 and for the Respondent No. 2 in APL/610/2024.

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Mr. Akshay Katariya (through V.C.) for Respondent No. 2 in APL/605/2024 and for the Applicants in APL/610/2024.

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Mr. V. N. Sagare, A.P.P. for the Respondent-State.

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P.S.I. Mr. A. M. Jadhav and P.I. Mr. Rajendra Landge, I.O., Badlapur (West) Police Station present.

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CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 23^rd AUGUST 2024.

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P.C.:-

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This is yet another case wherein investigation of an offence

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under Section 307 with other related offences of the Indian Penal Code

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(I.P.C.) is conducted in most lackadaisical and lethargic manner. The

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Gitalaxmi 55-apl-605-2024 with apl-610-2024.doc

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manner of investigation is sufficient to raise doubt regarding integrity of the investigation, only to support the accused.

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The First Information Report lodged by Suraj Mhaskar is selfeloquent. There is an allegation of use of a sword and an iron rod in the crime. It is also alleged that, the mother of Suraj was also a victim in the said assault. She was immediately taken to Badlapur (West) Police Station after the assault wherein the Police gave her a letter and sent her to the Rural Hospital at Badlapur.

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On our query, the Police Sub-Inspector, Mr. Jadhav, personally present in the Court informed us that, neither the statement of mother of Suraj is recorded nor her medical certificate is taken by the Police, till date. It is also submitted by the prosecution that, since the Applicants gave a letter to the Police that they intended to settle the matter, the investigation was curtailed.

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We are surprised to hear this submissions on behalf of the State of Maharashtra. The offence alleged herein is under Sections 307, 397 and other related sections of the I.P.C. Prima-facie it appears that, the offence alleged against the accused persons is serious in nature.

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Perusal of the medical certificate of Balaram Mhaskar primafacie indicates that, the Medical Officer of Sub-district Hospital at Badlapur, District-Ambarnath has issued it with utmost casualness and under the pressure of Applicants herein.

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Gitalaxmi 55-apl-605-2024 with apl-610-2024.doc

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Upon perusal of the case-diary, the learned A.P.P. submitted

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that, there is no reference or mention in the case-diary of the concerned date regarding accepting the compromise deed between the parties herein.

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It is the settled position of law that, an offence under Section 307 read with 397 and other related sections of the I.P.C. is an offence against the society at large and the Investigating Officer ought to have completed the investigation, despite purported intent to settle as expressed by the parties.

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It appears that, the Investigating Officer of the present crime is reluctant to conduct investigation and is acting under the pressure and/or direction of the accused persons. We will not be surprised if the informant tomorrow says that, he was forced to execute consent Affidavit by use of muscle power by the Applicants.

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According to us this is a mockery of criminal justice system at the hands of Investigating Officer of the present crime.

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It is for the State to investigate the crime / serious offences as in the present case under Section 307/397 of the I.P.C. and the State cannot be a silent spectator to offences being committed and thereafter compromised by the parties herein, for whatever reasons.

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In view of the aforestated disturbing facts, we deem it appropriate to bring this matter to the notice of Commissioner of Police, Thane and direct him to file a detailed Affidavit to the Applications. The

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Gitalaxmi 55-apl-605-2024 with apl-610-2024.doc

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Commissioner of Police, Thane shall not delegate his powers to file Affidavit to any subordinate Officer.

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11.1) The said Affidavit be filed within a period of two weeks from

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today.

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Stand over to 13^th September 2024.

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(DR. NEELA GOKHALE, J.)

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(A. S. GADKARI, J.)

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Digitally signed by GITALAXMI GITALAXMI KRISHNA KRISHNA KOTAWADEKAR KOTAWADEKAR Date: 2024.08.29 11:13:30 +0530

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Balaram Govind Mhaskar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What the court decided

Balaram Govind Mhaskar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What the court decided

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