ARUNA BHIMRAO ATHWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks direction for transfer of the investigation of the Crime (C.R. No.171 of 2015), registered with Georai Police Station, Tq. Georai, Dist.Beed, for the offences punishable under Sections 302, 304, 201, 120-B, 326, 323, 506 read with Section 34 of the Indian Penal Code and allied offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to Central Bureau of Investigation (C.B.I.)/Special Investigation Team. The petitioner also seeks direction for arrest of respondent nos.9 to 19 and subjecting them to NARCO Analysis Test.

(2.) Heard Mr.Shinde, learned Counsel for the petitioner and Mr.Yawalkar, learned APP for respondent nos.1 to 8.

(3.) The petitioner is sister of Sham Athwale (since deceased). The deceased was 40% disabled in leg. The Secretary, Orthopedic Board (R.M.O.D.H.), Beed, had issued him 40% disability certificate in April, 2013. Due to disability, the deceased was unable to walk without help of a stick. One or two offences were registered against him. The police personnel had, therefore, been to the house of brother of the deceased. As the deceased was not found thereat, the police personnel abused the wife and children of the deceased. A complaint against the police personnel, therefore, was made to the Commissioner of Police, Aurangabad and other higher Officers.