2008 Supreme(Bom) 1538
S.B.MHASE, V.K.TAHILRAMANI
Anandibai Pawanraje @ Bhupalsingh – Appellant
Versus
Inspector, Kalamboli Police Station – Respondent
Advocates:
Advocate Appeared:
Mr. NITIN JAMDAR along with Mr. V. V. PURWANT, Advocate for Petitioners.
Mr. A. R. P A TIL, APP for State.
Judgement Key Points
Case Summary: Criminal Writ Petition No. 81 of 2008
Parties
- Petitioner/Appellant: Anandibai Pawanraje @ Bhupalsingh (wife of deceased Pawanraje Nimbalkar). (!) [4000300990001]
- Respondents: Inspector, Kalamboli Police Station & Ors. [legal document header]
Facts of the Incident
- Deceased Pawanraje Nimbalkar (Congress-I leader) and his driver Samad Kazi were shot dead in broad daylight on 3.6.2006 near Kalamboli Steel Market, New Mumbai, on Bombay-Pune Express Highway. (!) [4000300990002]
- FIR registered under Section 302 IPC against unknown persons (CR No. 220/2006, Kalamboli PS). [4000300990002]
Petitioner's Allegations
- Political rivalry with Padamsingh Patil (NCP, former Minister of State), Ajit Patil, and Amol Patodekar; prior complaints, threats, assault (e.g., 6.9.2002 complaint, 30.6.2003 AGM assault at Terana Sugar Factory). [4000300990003][4000300990004]
- Deceased contested 2004 election against Padamsingh Patil (narrow loss by 484 votes); motive linked to upcoming Terana Sugar Factory election in June 2006. [4000300990004]
- Investigation biased due to suspects' political influence (Padamsingh's son Rana Jagajitsingh is current Minister of State); requests transfer to CBI or independent agency. [4000300990005] (!)
Investigation History and Flaws
- Investigation transferred to Crime Branch, Navi Mumbai on 7.3.2008 during petition pendency. [4000300990007] (!)
- Narco analysis on Tanaji Patil (Jan 2007 recommendation, conducted 16.2.2008) implicated Padamsingh Patil, Ajit Patil, and Vicky Malhotra (Chota Rajan gang member) as shooter; claimed "supari" via Raj Company, witnessed by Tanaji. [4000300990007][4000300990010] (!)
- Agency dismissed Narco test claiming Vicky in Thane Jail (25.5.2006-15.6.2006), but records showed Vicky arrested 29.5.2006, remanded till 3.6.2006, produced in Esplanade Court at 12:40 p.m. on incident day (occurrence before 4:20 p.m.), escorted via Gypsy (not standard van) near incident spot. No probe into Vicky's possibility. [4000300990008][4000300990009][4000300990010][4000300990016]
- No eyewitnesses traced despite crowded area; cell phone call details (incoming/outgoing/missed) not investigated promptly (only after Court direction 27.6.2008). [4000300990010][4000300990014]
- One-sided: ignored alternate theories, political motive acknowledged but not pursued; desultory, lackadaisical, reached deadlock. [4000300990006][4000300990013][4000300990015]
Legal Issues
- Transfer of investigation under CrPC Sections 173, 482 and Constitution Article 226 due to faulty, biased probe failing public confidence. [legal document header][4000300990017]
Court's Findings
- Investigation faulty: one-sided, unexplored alternatives (e.g., Vicky's involvement), latent bias possible despite no direct evidence; essential for justice to appear done. [4000300990017]
- Political clout of suspects raises apprehension of influence over state agency (Crime Branch/CID); public interest demands impartial probe. [4000300990011][4000300990012][4000300990015][4000300990016]
- Transfer to CBI expedient for thorough investigation without prejudice to guilt determination. [4000300990017]
Relief Granted
- Petition allowed; investigation transferred from Crime Branch, Navi Mumbai to CBI forthwith. [4000300990018] (!)
- All records/materials to be handed over in sealed condition; CBI to investigate expeditiously. [4000300990019] (!)
Judgment
Smt. V. K. TAHILRAMANI,J.:-
1. Heard the learned advocate for the petitioner and the learned APP for the State. Rule. By consent, rule is made returnable forthwith.
2. This petition pertains to the death of Mr. Pawanraje Nimbalkar who was from Congress-I party. The petition has been filed by the wife of late Mr. Pawanraje Nimbalkar seeking directions to transfer the investigation pertaining to the murder of her husband to the Central Bureau of Investigation or to any other independent Investigating Agency.
3. The incident in question took place in broad-day light on 3.6.2006 in New Mumbai near Kalamboli Steel Market near Bombay-Pune Express Highway. Mr. Pawanraje Nimbalkar was proceeding from Mumbai to Pune in his car with his driver. Both Mr. Pawanraje Nimbalkar and his driver Samad Kazi were shot dead. The incident is clearly homicidal and both Mr. Pawanraje Nimbalkar and his driver Samad Kazi were shot dead in the car in which they were travelling. Police lodged the FIR against unknown persons. Offence under Section 302 of IPC came to be registered vide CR No. 220 of 2006 of Kalamboli Police Station, Navi Mumbai.
4. The case of the petitioner is that at one time, husband of
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