RAJNI VISHRAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the respective parties.

(2.) RULE. By consent, Rule made returnable forthwith and the petition is taken up for final hearing.

(3.) HUSBAND of petitioner - Prof. V.G. Patil -was President of District Congress (I) Committee, Jalgaon. There were some disputes between him and other office bearers of the party. On 21.9.2005, at about 7.00 a.m. Mahendra Panditrao Mahajan, who is a Watchman of the Dharangaon Urban Cooperative Bank, saw two persons assaulting husband of the petitioner. He obstructed the assailants while they were trying to escape on a motor-cycle. However, the assailants managed to escape. Mahendra Mahajan then lodged a report of this incident with Zilla Peth Police Station, Jalgaon. On the basis of this complaint, an offence under Sections 302 read with 34, 120(B) of Indian Penal Code and Section 3(25) of Arms Act, came to be registered against unknown persons. During the course of investigation, it was found that four persons were involved in commission of murder of the husband of the petitioner. The investigation was transferred to State C.I.D. on 30.9.2005. Charge sheet was submitted to the court of learned Judicial Magistrate (First Class), Jalgaon against Raju Mali, Raju Sonavane, Damodhar Lokhande and Leeladhar Narkhede on 22.12.2005. Lateron, Damodhar Lokhande and Leeladhar Narkhede approached this Court for quashing of the first information report, by filing Writ Petition Nos.3331 and 298 of 2005. The petitions were allowed. In due course, the case was committed to the Court of Sessions and was numbered as Sessions Case No.8 of 2005.