BERTRAM DSILVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India was filed on 19th January, 2011, praying for direction against the State Authorities to appoint and authorise Crime Branch, C.I.D., Mumbai, to carry out the investigation in respect of offences disclosed in the petition and more particularly in Exhibit B' to the petition falling under Sections 201, 202, 302, 338, 341, 342, 344, 345, 346, 347, 356, 362, 365, 366, 367, 380, 383, 385 and 387 red with 341, 114 and 120-B of the Indian Penal Code. It is further prayed that, in connection with the said offences, respondent Nos. 4 to 7 be arrested and detained in the course of investigation of the crime disclosed in the complaints dated 15th and 29th December, 2010 (Exhibits A' to D' to the petition). The petitioner has further prayed for direction against the above-named investigating agency to submit a full and comprehensive report in respect of the investigation made by them within specified time.

(2.) The petitioner had also prayed for direction against all the respondents to produce and keep present Irvin in Court and further prohibit respondent Nos. 4 to 7 from meeting and/or approaching Irvin, except with the permission of the Court. As regards this relief, by an amendment dated 17th February, 2011, the same has been deleted.

(3.) (a) The background, in which the petitioner has approached this Court, can be culled out from the averments in the writ petition. The sum and substance of the assertion in the petition is that the petitioner was the brother of Irvin. Irvin was residing in Mumbai, whereas the petitioner, due to his employment, is residing in the State of Jharkhand. The petitioner has filed this petition, as very serious offences and/or imminent attempt to murder Irvin can be discerned from the facts and circumstances stated in the petition. For, the petitioner visited Mumbai on 11th December, 2010, since he was told that Irvin was ill, suffering from kidney problems, in respect of which, he was being treated at Holy Family Hospital, Hill Road, Bandra (West), Mumbai 400 050. Irvin, since his childhood, was residing in a building known as "Harbour", situated on a plot of land at 4, Mount Carmel Road, Bandra (West), Mumbai 400 050. The said property is said to be valued over Rs. 10 crores. According to the petitioner, he was informed by Irvin (described in petition as "said deceased" in paragraph 5) that one Mrs. Suman (respondent No. 4) had befriended him some years' ago, and had pleaded with him to allot her to stay in one of the rooms in the said building, Harbour. She was given shelter by Irvin by allowing her to occupy an attic room on the terrace of the said building. Respondent No. 4 was previously married woman, and had two children from her previous marriage(s), by name Faruk (Respondent No. 5), presently aged about 45 years, and Simi (respondent No. 6), presently aged about 40 years.