JUDGMENT :

Vinay Joshi, J.

Considering the controversy involved in the matter and by consent of the learned Counsel appearing for the parties, Criminal Writ Petition is taken up for final disposal at the stage of admission by issuing Rule, making the same returnable forthwith.

2. The petitioner is an accused in First Information Report bearing Crime No.399/2019 registered with Ram Nagar Police Station, District Gondia for the offence punishable under Sections 302, 201, 364–A and 120–B of the Indian Penal Code. He has filed this petition under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, seeking various reliefs in the nature of issuance of a writ of prohibition, directing trial Court, not to proceed with the concerned criminal case namely Sessions Trial No.71/2020. The petitioner also seeks writ of mandamus thereby directing the respondent police authorities to reinvestigate the offence, and also prayed for his release on bail.

3. Police Sub-inspector - Amol Sonwane lodged a report on 17.12.2019, on the basis of which the aforesaid crime has been registered. The prosecution case in brief is that, a missing report has been filed with the concerned police reporting that a young boy aged 20 years namely Saurabh Katare, went missing from his house. On 15.12.2019 around 2 p.m., Saurabh received a phone call on which he left the house by riding a two wheeler. Saurabh did not return till the late evening. The family members have searched for Saurabh, however, they could not find him, therefore uncle of Saurabh namely Komal Katare, has filed a missing report, which was registered vide No.42/2019.

4. During the course of investigation, the police have obtained call details of Saurabh’s cell number. It was transpired that the last four calls on the cell phone of Saurabh were received from cell No.7030240945. The said Cell number was whatsapp number of the petitioner Ankit. Accordingly the police have verified the call details of the cell number of the petitioner Ankit. It was transpired that at relevant period other three co-accused where in constant touch with him, and therefore, the needle of suspicion went against the petitioner Ankit and his three friends.

5. During enquiry the petitioner Ankit has disclosed that he has hatched a conspiracy to abduct Saurabh for ransom of Rs.30 lakhs. In accordance with their plan, on 15.12.2019 around 2 p.m. they called Saurabh on his mobile, near MIET College Gondia. Accordingly, Saurabh went to the place by his two wheeler. Already petitioner’s three friends had arrived at said place by a four wheeler bearing registration No.MH 49-AT-0988. No sooner Saurabh came to the spot, all of them caught hold and forcibly made him to sit in the car. Co-accused Raju assaulted Saurabh at his face by beer bottle. They made Saurabh to lay at foot place of the car. Thereafter three companions of petitioner Ankit along with Saurabh went ahead by car. Petitioner Ankit followed them by two wheeler. They took Saurabh at longer place, but, the condition of Saurabh became worse. Therefore they decided not to go for ransom, but, to eliminate Saurabh.

6. The car was made to stop near a small bridge of village Mudhapar. All of them have tied sellotape around the face of Saurabh, as well as his legs were tied by sellotape. Saurabh was throttled in the car. They got assured that Saurabh is dead. Petitioner asked his companions to throw the dead body into the river. It was revealed that the co-accused acted at the instance of petitioner, took dead body near Bagh River, tied a big stone by scarf and threw the dead body into the river.

7. On the basis of said information, the police have registered Crime No.399/2019 and carried investigation. During the course of investigation, statement of relevant witnesses came to be recorded. At the instance of accused, memorandum Panchnama was drawn and articles have been seized. Panchnama of the scene of offence was drawn. Clothes of