RAHIM RAMZAN TELI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who is the original complainant in connection with crime no. 6/2022, has filed this petition through his wife mainly with a prayer that the Investigating Officer is not fairly conducting the investigation so far as the crime registered at the instance of the petitioner-complainant and in view of the same, seeking transfer of the investigation of the crime to any other agency.

(2.) Learned counsel for the petitioner submits that after the brutal assault, the petitioner was taken to the Government Hospital where he was not treated for various reasons and in view of the same, he was to be taken to the private hospital at Dhule. Further, even though the Azadnagar Police Station, Dhule has pointed out the same to the present Investigating Officer attached to Amalner Police Station, however, the Investigating Officer did not permit the Azadnagar Police Station, Dhule to register crime under zero number and further directed the Azadnagar Police Station, Dhule to forward the statement of the petitioner recorded by the said police station when he was the indoor patient of the said private hospital. Learned counsel submits that consequently, in respect of the incident allegedly occurred on 5/1/2022, the FIR shown to have been registered on 8/1/2022. Thus, there is delay in recording the FIR not due to the fault on the part of the petitioner, but on the part of the Investigating Officer. Learned counsel submits that the Investigating Officer has not recorded the statement of the witnesses and he is unfair to the petitioner and on the other hand, he has given more weightage to the crime registered on the basis of the complaint lodged in connection with crime no. 3/2022. Learned counsel submits that the petitioner has sustained life threatening injuries in the alleged incident. He was assaulted with the deadly weapon knife. However, there is no fair investigation in connection with his allegations.

(3.) Leaned counsel for the petitioner, in order to substantiate his contention, placed reliance on the case Karan Singh v. State of Haryana and Another, reported in AIR 2013 SC 2348.