PRAVIN MANIKRAO NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The revision applicants question the legality, validity and correctness of the impugned order dated 18.11.2006 passed by the learned Ad hoc Additional Sessions Judge in Sessions Trial No. 64/20052 whereby on the basis of application by the complainant (first informant ) Sk. Sattar Sk. Hanif the impugned order was passed. THE first informant applied to the learned trial Judge that he had lodged a complaint against as many as 98 persons naming them in the complaint, but for the reasons best known to the police they decided to pick and choose and charge sheeted only 62 persons. Thus, according to complainant, all 98 persons named in the FIR ought to have been prosecuted as the complaint is self explanatory; but the learned Ad hoc Additional Sessions Judge who heard the application, observed that names of all the accused though disclosed were not charge sheeted without any reason. According to learned trial Judge the Investigating officer is answerable and for just and proper decision of the case it is necessary to add all the accused named by the first informant in the FIR.

(2.) According to the learned Advocate for the revision applicants, the investigation had followed the FIR and during the course of investigation, no case was disclosed against this applicants, therefore they were deleted from the charge sheet. It is submitted that there is no evidence available against them during the course of investigation. The applicants also sought to defend the proceedings by pleading alibi3 and non liability for the crime in question which is of course allegedly committed. Be that as it may, when the first informant specifically named 98 persons in the FIR, the police could not have omitted those persons named in the FIR as police for themselves cannot have sweet will to decide as to who should be discharged from the case or not to be charge sheeted, without approval of the Court concerned. The police have duty to place entire material collected during the course of investigation along with the complaint/FIR, statement of witnesses, documentary evidence collected during the course of investigation etc. before the competent Criminal Court in the form of final report/ charge sheet and it must be left to the Court concerned to decide as to whether any person though named in the FIR can be discharged or not.