MADHUBALA MANIKCHAND DHADIWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel at length.

(2.) THIS is a writ petition filed by the sister of the deceased person by name Kantilal Manikchand Dhadiwal. The main reliefs sought in the petition are (a) to call for the record and proceedings of Sessions Case No. 151 of 1986. As the Sessions Case No. 151 of 1986 has already ended in an acquittal on 25th August, 1986, nothing survives in this prayer. The learned Counsel for the State also informed us that there is no appeal filed against the said acquittal order dated 25th August, 1986. By prayer (b) of this petition, the petitioner seeks a relief that respondent No. 1 State to institute appropriate criminal proceedings against respondent Nos. 2, 3 and 4 for having failed to perform their duties in accordance with law. By prayer (c) the petitioner seeks a relief of quashing the order of the learned Sessions Judge in Sessions Case No. 151 of 1986, rejecting the application of the petitioner to include respondent Nos. 3 and 4 as co-accused. As the aforesaid Sessions Case No. 151 of 1986 has already ended in an acquittal this prayer also does not survive. By prayer (d), the petitioner seeks a relief of quashing the order of learned Judicial Magistrate, First Class, Shirur thereby the proceedings against respondent Nos. 3 and 4 were closed. By prayer (e), the petitioner seeks a relief for institution of proper proceedings against respondent Nos. 3 and 4 under sections 167, 191, 192, and 201 of the Indian Penal Code.

(3.) TO understand the controversy the basic facts are set out hereinafter-It appears that the brother of the petitioner i. e. Kantilal Manikchand Dhadiwal had left his home on 30th June, 1985 and thereafter he was missing. On 3rd July, 1985, a dead body of an unknown person was found in a well near the Market-yard at Shirur. When the police were informed of the same, inquest Panchnama held by respondent No. 4 herein, viz. Head Constable Maruti Tukaram Chavan, and the aforesaid body was retrieved from the well. At that time the photographs were taken of the said dead body and inquest Panchnama was prepared by the said respondent No. 4 head Constable Chavan which is Exh. 54 in the records before the Trial Court. Thereafter on 4th July, 1985, a post-mortem was performed on the said dead body of the unknown person by respondent No. 3 herein namely Dr. Mahadeo J. Nagargoje. The said post-mortem report notes are marked as Exh. 55 in the Trial Court record. On 5th July, 1985, some Muslim from Ahmednagar claimed the said unknown dead body as being that of Nazir Bashir Shaikh and took all the articles alongwith the dead body of the said Nazir and buried the said dead body of Nazir at Shirur on 5th July, 1985.