SWAPAN NRIPESH BHATTACHARYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner, father of late Soham Bhattacharya has filed present Petition under Article 226 of the Constitution of India, seeking direction to the Respondents to further investigate/enquire into ADR No. 63 of 2017 registered with Respondent No.2-Bhandup Police Station dtd. 2/5/2017, regarding untimely death of his son and for its transfer to any other independent investigation Agency.

(2.) Heard Mr. Kocharekar, learned counsel for the Petitioner and Mrs.Mhatre, learned A.P.P. for Respondents-State. Perused entire record.

(3.) Record reveals that, ADR No. 63 of 2017 under Sec. 174 of Criminal Procedure Code was registered with Bhandup Police Station, Mumbai, as per the information given by Essa Mohammad Gajnavi on 2/5/2017 at about 3.00 a.m.. It was reported to the police that, Soham Swapan Bhattacharya received a phone call on his mobile and thereafter he got tensed and in that condition he jumped from the window of 18th floor of his residential premises. He was taken to Romeen Nursing Home at Gamdevi Road, Bhandup (W.), where the concerned doctor attached thereto examined and declared him dead before admission. After lodgment of said ADR, the police immediately conducted Spot Panchanama and Inquest Panchanama in the presence of panch witnesses and the body of deceased was sent for postmortem at Rajawadi General Hospital at Ghatkopar. During the course of enquiry statements of 7 witnesses were recorded by the Investigating Officer including the statement of Petitioner i.e. father of deceased. During the enquiry no suspicion against anyone was pointed out by the Petitioner. In the Postmortem Report the opinion as to cause of death, as recorded by the concerned doctor is 'injuries to vital organs, samples preserved for necessary analysis'. On 25/3/2018 the Investigating Agency received Viscera Report from the Forensic Science Laboratory and it was revealed that, it is not a case of poisoning. After completion of enquiry, the Respondent No.2 submitted its report under Sec. 174 of Cr.P.C. to the Special Executive Magistrate and Assistant Commissioner of Police, Bhandup Division, Mumbai.