Case Note & Summary
The petitioner, Sushilabai w/o Vaijinath Pawar, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking directions to the police to investigate a complaint she and her husband had lodged on 30.06.2002 regarding her husband's disappearance. The petitioner alleged that her husband went towards a river on 27.06.2002 and did not return; respondent nos. 3 to 5 informed her that he had been swept away in a flooded river. She filed a complaint with the police station at Gangakhed. The petitioner sought investigation against respondent nos. 3 to 9 for allegedly grabbing her husband's property. The court noted that the petition was filed on 04.11.2018, i.e., after 16 years from the date of the alleged incident. No FIR was registered, and no evidence was produced to show that any cognizable offence had been committed. The court observed that the delay was inordinate and unexplained, and the petitioner failed to provide any material to support her allegations. Consequently, the court dismissed the petition, holding that no relief could be granted after such a long lapse of time.
Headnote
A) Criminal Procedure - Investigation - Delay - Article 226 of Constitution of India, Section 482 Code of Criminal Procedure, 1973 - Petition seeking direction to police to investigate complaint of missing husband from 2002 - Court held that inordinate delay of 16 years without any FIR or evidence of cognizable offence disentitles the petitioner to relief - Petition dismissed (Paras 1-5).
Issue of Consideration
Whether the High Court should direct investigation into a complaint of missing person made 16 years ago, when no FIR was registered and no evidence of foul play exists.
Final Decision
The Criminal Writ Petition is dismissed.
Law Points
- Inordinate delay
- lack of evidence
- no FIR registered
- writ petition dismissed
Case Details
2022 LawText (BOM) (09) 36
Criminal Writ Petition No. 1703 of 2018
Smt. Vibha Kankanwadi, Rajesh S. Patil
Mr. M. R. Andhale for petitioner, Mr. B. V. Virdhe APP for respondent/State, Mr. S. S. Ambore for respondent nos. 5 to 7 (Absent)
Sushilabai w/o Vaijinath Pawar
The State of Maharashtra, Police Inspector, Police Station, Gangakhed; The District Superintendent of Police, Parbhani; Hiraman Ganpat Pawar; Sanjay s/o Hiraman Pawar; Manik Ganpat Pawar; Pandurang Manik Pawar; Kushawartabai Manik Pawar; Yenubai Hiraman Pawar; Ganu Hiraman Pawar
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Nature of Litigation
Criminal Writ Petition seeking direction to police to investigate complaint of missing husband and alleged property grabbing.
Remedy Sought
Petitioner sought direction to respondent nos. 1 and 2 to investigate her complaint dated 30.06.2002 and register cognizable offence against respondent nos. 3 to 9, and if failed, refer matter to CID.
Filing Reason
Petitioner's husband went missing on 27.06.2002; she filed a complaint but no investigation was done; she alleges respondent nos. 3 to 9 grabbed her husband's property.
Issues
Whether the court should direct investigation into a complaint of missing person made 16 years ago when no FIR was registered and no evidence of cognizable offence exists.
Submissions/Arguments
Petitioner argued that her husband went missing on 27.06.2002 and she filed a complaint on 30.06.2002, but police did not investigate.
Respondent/State opposed the petition citing inordinate delay and lack of evidence.
Ratio Decidendi
Inordinate delay of 16 years in filing the petition, absence of any FIR or evidence of cognizable offence, and lack of explanation for delay disentitles the petitioner to any relief under Article 226 or Section 482 CrPC.
Judgment Excerpts
The Criminal Writ Petition has been filed on 04.11.2018 under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, seeking the following reliefs:-
The petitioner has stated in the Criminal Writ Petition that her husband had gone towards the river on 27.06.2002 and he did not return to the house thereafter.
Inordinate delay of 16 years in filing the petition, absence of any FIR or evidence of cognizable offence, and lack of explanation for delay disentitles the petitioner to any relief under Article 226 or Section 482 CrPC.
Procedural History
Petitioner filed complaint on 30.06.2002; no FIR registered; filed Criminal Writ Petition on 04.11.2018; heard and dismissed on 28.09.2022.
Acts & Sections
- Constitution of India: Article 226
- Code of Criminal Procedure, 1973: Section 482
