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2013 DIGILAW 2235 (BOM)

Rupali wd/o. Aalesh Borkhade v. State of Maharashtra

2013-10-22

B.R.GAVAI, Z.A.HAQ

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JUDGMENT Z.A. HAQ, J. Heard Shri Chopde, learned Counsel for petitioner, Shri Nayak, learned Additional Public Prosecutor for respondent nos. 1 to 4, and Shri Ahirkar, learned Special Counsel for respondent no. 5. Rule. Rule is made returnable forthwith. 2. The grievance of the petitioner is that in spite of clinching facts on record, which show that offence cannot be committed by one person, the respondent nos. 3 and 4 have not been able to make any progress in the investigation. Shri Chopde, learned Counsel for the petitioner, submits that Aalesh Borkhade, husband of the petitioner, has been murdered and his body was found at Kurai, District Seoni (Madhya Pradesh). The first information report reveals that offence has been committed by the accused, against whom first information report has been filed, with the help of other persons. However, respondent nos. 3 and 4 have not been able to identify "other persons" as stated in the first information report. 3. On going through the material on record, we feel that investigation has to be undertaken by the specialized Agency and, therefore, we direct that investigation be handed over to the State C.I.D. within two weeks from today. The State C.I.D. to conduct investigation in the incident. 4. The rule is made absolute in the above terms. No order as to costs. Ordered accordingly.