RAJNI VISHRAM PATIL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The facts that emerge can be summed up from the Writ Petition and the additional affidavit filed by the Petitioner. V. G. Patil who was the President of the Jalgaon District Congress Committee, was brutally murdered by two assailants in the early morning hours of 21st september, 2005. The Petitioner is the widow of the deceased. The incident was witnessed by Mahendra P. Mahajan on whose statement the first information report, (Crime No. 242 of 2005) was registered at the Zilla Peth Police Station, jalgaon. The investigation at the initial stage was conducted by N. S. Ghuge, inspector of Police. Though the FIR was registered by the Zilla Peth Police station, the investigation of the crime was transferred by the Superintendent of police, Jalgaon to the local Crime Branch on the very day, 21st September, 2005. The investigation was conducted by the said Police Officer. While investigating the matter, he examined some witnesses; prepared a spot panchnama and inquest panchnama; obtained the cause of death certificate and recorded the statements of several witnesses including Jayant Patil who was the nephew of the deceased. After receiving the investigation papers, he claims to have carried out the investigation and to have recorded the statements of the petitioner. The petitioner stated that she suspected the involvement of one Suresh Patil, Dr. Ulhas Patil and rajesh Kotwal. Raju Mali and Raju Sonawane were arrested on 30th September, 2005. The investigation was transferred from the local Crime Branch to CID, jalgaon, when the investigation by Mr. Ghuge ended. According to him, marshalling of the call records was not done till 30th September, 2005.

(2.) The Petitioner had filed a Criminal Writ Petition, (W. P. No. 646 of 2006)before which was disposed of by a Division Bench of the Aurangabad Bench of this Court by an order dated 23rd February, 2007. In that Writ Petition, the petitioner had expressed doubts about the genuineness and fairness of the investigation being conducted by the CID. During the pendency of that Petition, the Government took a decision to transfer the investigation of the offence to the central Bureau of Investigation ("cbi" ). In pursuance of this decision, a communication dated 17th March, 2006 of the Principal Secretary (Special)Home was sent to the Director, Central Bureau of Investigation. By a letter dated 1st June, 2006, the Director of CBI stated that this was not a fit case where the cbi should conduct the investigation. The Division Bench in its order observed thus :

(3.) The present Writ Petition had been filed in the year 2007 and came up for hearing. In view of the order passed by a Division Bench of this Court on 19th December, 2007, proceedings in Sessions Case No. 8 of 2006 were stayed until further orders.