DATTARAM A AWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule, by consent rule is made returnable forthwith.

(2.) By the present Petition the petitioner is seeking the order of transfer of investigation in Sessions Case No. 19 of 2003 pending before the Sessions Court, Ratnagiri, pertaining to C. R. No. 70 of 2001 of Chiplun Police Station to Special Branch of C. I. D. Mumbai or any other investigating agency on the ground that the investigation made by local Chiplun Police Station as well as District C. I. D. is carried out not only in haphazard manner, but to hush-up the crime by suppressing the facts and destroying material pieces of evidence as well as with the intention to protect the accused contrary to the provisions of law.

(3.) We have heard at length the learned counsel for the Petitioner and the learned APP, who was all throughout assisted by the Investigating Officer. WE have perused all the records placed before us in relation to the investigation carried out by the police. WE have also called for entire original record pertaining to the crime from Guhagar Police Station, Chiplun Police Station as well as office of C. I. D. Ratnagiri for our scrutiny. The investigating officer of C. I. D. Ratnagiri has also filed his affidavit pursuant to our direction. The affidavit is on record. It was submitted on behalf of the State in support of the affidavit of Mr. Dhamnekar, Inspector of Police that the investigation was carried out in proper manner not only before the charge-sheet was filed but also subsequent to the order passed by the learned Sessions Judge in this regard. In other words, according to the Investigating Officer, no stone is left unturned to seek the truth in this case. However, on scrutiny of the entire record and after hearing both the parties we prefer to disagree with this proposition.