DAMODAR JAGANNATH LOKHANDE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) CRIMINAL Miscellaneous Application No. 390 of 2007 has been filed by the applicants praying for transfer of Criminal Writ petition Nos. 1278 of 2007 and 1877 of 2007 from Principal Seat at mumbai to Aurangabad Bench for the reasons stated in that application.

(2.) IN order to examine the merit or otherwise of this application, reference to necessary facts can be made at the outset. One Smt. Rajani Vishram Patil had filed Criminal Writ Petition No. 646 of 2005 praying that a direction be issued for transferring the investigation of Crime No. 242 of 2005 registered at Zilla Peth Police station, Jalgaon, against the four accused to the Central Bureau of investigation as the investigation was not being conducted in accordance with law. According to her, her husband, Prof. V. G. Patil, who was the President of the District Congreee (I) Committee, jalgaon, was assaulted by two persons. The incident was noticed by witnesses and they escaped on a motor-cycle. The offence was registered under Sections 302 read with 34, 120 (B) of the Indian penal Code and Section 3 (25) of the Arms Act. It was found that four persons were involved in this case. The investigation was transferred to State C. I. D. on 30th September, 2005. Charge-sheet was submitted to the Court of Judicial Magistrate (First Class) against Raju mali, Raju Sonavane, Damodhar Lokhande and Leeladhar Narkhede on 22nd December, 2005. Later on Damodhar Lokhande and leeladhar Narkhede approached the High Court praying for quashing of the first information report by filing Writ Petition Nos. 3331 and 298 of 2005 which were allowed. Special Leave Petitions against the order was dismissed by the Supreme Court, but in the meanwhile the case was committed to the Court of Sessions and was numbered as sessions Case No. 8 of 2006. When the investigation was pending, the State moved an application before the Sessions Court for conducting narco analysis, brain mapping and lie detector tests on the accused. This writ petition came to be disposed of by the order of the Division Bench of the Aurangabad Bench on 23rd February, 2007. The relevant part of the order reads as under:

(3.) THE petitioner in Criminal Writ Petition No. 646 of 2005 filed another Criminal Writ Petition No. 1278 of 2007 in the principal seat at Bombay. In this writ petition, a prayer was made that the Central bureau of Investigation should be directed to file status report in the case and continue to file status report from time to time. It was also prayed that the Court should monitor and supervise the further investigation as Raju Mali who was to give another confession to the c. B. I. died in suspicious circumstances and if the investigation was not overseen by the Court, it would suffer great prejudice. Notice on this petition was issued and vide order dated 10th September, 2007, the statement of the Solicitor General appearing for the C. B. I. was recorded stating that the C. B. I. investigation is under progress and lie detection tests are conducted and report would be submitted. The case was adjourned to 8th October, 2007. On 2nd November, 2007, the Court was informed by the counsel appearing for the C. B. I. that district and Sessions Judge, Jalgaon, objected the permission for conducting scientific tests on the petitioners in criminal Writ Petition No. 1877 of 2007. Criminal Writ Petition No. 1278 of 2007 was thereafter adjourned from time to time and lastly was fixed before the Court on 7th January, 2008.