Sheshrao S/o Shankarrao Shinde v. State of Maharashtra
2012-12-19
A.H.JOSHI, SUNIL P.DESHMUKH
body2012
DigiLaw.ai
Judgment :- A.H. Joshi, J. 1. Rule. Rule is made returnable forthwith. Heard by consent, finally. 2. By this application, the applicant prays for quashing of Crime No. 91 of 2012 dated 05.10.2012, registered at Police Station, Nilanga District Latur for the offence punishable under Section 304A of the Indian Penal Code. 3. The applicant's case and grievance in summary is as follows:- (i) Wife of respondent no. 2 died during treatment due to effect of the venom of scorpion bite. (ii) The Police have registered the offence in that regard against the applicant under Section 304A of the Indian Penal Code. (iii) While registering the offence, the procedure directed through two reported judgments of Supreme Court in the case of Jacob Mathew Vs. The State of Punjab and others reported in 2005 AIR SC W 3685 and Martin F. D'Souza Vs. Mohd Ishfaq reported in 2009 AIR SCW 1807 and guidelines as prescribed and laid down by the Government of Maharashtra through Government Resolution dated 26th March, 2010 are not followed. 4. This application is strongly opposed by both the respondents. 5. In the midst of hearing, Investigating Officer has tendered a copy of the letter dated 17.12.2012 sent by him to the Civil Surgeon, Latur in present case. 6. The learned APP states on instructions from the Investigating Officer that further investigation will be carried out only after receiving report from the Civil Surgeon. 7. At this stage, the learned Advocate for petitioner states that in the light of assurance of by the Investigating Officer that further investigation would be carried out after receiving report from Civil Surgeon Latur, the FIR needs to be quashed and need to register a crime, if any, can be decided by the Police only after receiving report of the Committee of experts under the leadership of Civil Surgeon. 8. We are of the considered view that though FIR is registered and the Police have assured to proceed with further investigation after examining the report as may be received from the Civil Surgeon, Latur, we find that quashing of FIR would be an empty ritual. Investigation furtherance to the FIR may have to be proceeded or dropped depending on the out come of opinion from experts. 9.
Investigation furtherance to the FIR may have to be proceeded or dropped depending on the out come of opinion from experts. 9. We, therefore, accept the statement of the Investigating Officer based on the letter dated 17.12.2012 given by him to the Civil Surgeon, Latur, as adequate protection to the applicant, and dispose of the present application. 10. Rule is accordingly disposed.