sns 29-wp-2520-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2520 OF 2019 1. Mr. Ramdas Paikuji Jaigude ] 46 yeas, Occ: Hawker ] Res. At Kamdi Nagar, ] Room No.740, Vangani, ] Taluka Ambernath, ] District Thane. ] 2. Mrs. Chanda Ramdas Jaigude ] 46 years, Occ: Hawker ] Res. At Kamdi Nagar, ] Room No.740, Vangani, ] Taluka Ambernath, ] District Thane. ] … Petitioners V/s. 1. The State of Maharashtra ] Through Police Inspector, ] Kulgaon Police Station, ] Badlapur, Taluka Ambernath, ] District Thane ] …Respondent ______________________________________ Mr. Sumit Kate a/w. Adv. Aishwarya R. Tuwar i/by Dr. Uday P. Warunjikar for the Petitioners. Mr. Shrikant V. Gavand, A.P.P. for Respondent-State. _____________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 10th September, 2026. PRONOUNCED ON : 22nd September, 2026. Judgment (Per : Kamal Khata, J) :- 1) The present Petition under Article 226 of the Constitution of India is filed, under rather unfortunate circumstances. 1/5 SUMEDH NAMDEO SONAWANE Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2026.09.22 17:35:29 +0530 sns 29-wp-2520-2019.doc 2) The Petitioners both of whom are visually impaired and suffer from a hundred per cent disability are the parents of two children, namely Harshad and Dakshita. The present Petition concerns their son Harshad who had gone to visit a friend at his house on 2nd September 2018 and did not return. Petitioners waited for a whole day for him to return, but since he did not, they lodged an FIR on 3rd September 2018. It was registered as FIR No.I-92/2018 for an offence punishable under Section 363 of the Indian Penal Code, 1860 (‘IPC’). 3) On 6th September 2018, the Petitioners were called to the Police Station and were informed that, their son had died due to drowning, based on the post-mortem, which was conducted. The Petitioners are suspicious about this conclusion arrived by the Police since the clothes that were found on the body did not belong to him. Accordingly, the Petitioners feel that their son had been murdered and did not drown. 4) Besides this, the Petitioners informed the Police Authorities about their neighbour’s past threat to eliminate the Petitioner and his family on account of some dispute. But according to them it was not recorded. Further, despite several Representations and regular follow-ups made with the Police Authorities as well as Senior Police Authorities and also the Hon'ble Prime Minister, there has been no response. On the advice of friends, an Application was made under the RTI Act, which too bore no response. 2/5 sns 29-wp-2520-2019.doc 5) Being visually impaired, the Petitioners were entirely dependent on their son as their sole support in their life. He has died at a tender age of only 15 years. It is in these circumstances that the present Petition is filed, seeking transfer of the investigation to another Agency. 6) We have heard Mr. Sumit Kate for the Petitioner and Mr. Shrikant Gavand APP for the State and have also perused the entire record carefully. 7) The Affidavit of the Deputy Superintendent of Police, Murbad Division, Thane (Rural) dated 20th July, 2026 reveals that, the Police have carried out a detailed investigation by recording the statements of the Petitioners as well as local residents residing in the nearby tribal settlement. The investigation reveals that, apparently Harshad went to the water body that was adjacent to the agricultural land for a swim. This water body was frequently visited by children as per the statement of the landowner of the adjacent agricultural land. 8) A perusal of the post-mortem report annexed to the Affidavit indicates that, there are no external or internal injuries on the body of Harshad and opines the cause of death as ‘drowning’. 9) The Chemical Analyser's Report specifically records that "chemical testing does not reveal any poison." 10) Having considered the investigation papers, post-mortem report, Chemical Analyser's report and all other material available on 3/5 sns 29-wp-2520-2019.doc record, the learned Sub-Divisional Magistrate, Ulhasnagar, by a communication bearing Outward No.SR/99/25 dated 22nd September 2025, has accepted the case as one of ‘accidental death due to drowning’ and the Report accordingly records the probable cause of death as drowning. The investigation and the inquiry conducted pursuant to the directions of this Court do not reveal any material indicating homicidal death. The medical evidence, spot inspection, witness statements, Chemical Analyser's report, and the Order of the learned Sub-Divisional Magistrate support the conclusion that Harshad died due to drowning. 11) In light of the above, we find that it is an unfortunate case of an accidental death due to drowning. While it is understandable for the visually impaired parents, the Petitioners, to harbour suspicions regarding the mysterious circumstances of their son’s death by drowning, there is no evidence to support any foul play. There is no animosity or dispute between the Petitioners family and residents of the vicinity that has surfaced during investigation. We do not find anything inherently suspicious in the statements collected and the investigation carried out by the Police. We find no mens rea in the case. There is nothing to indicate that, the case is one of homicidal death. We are satisfied with the investigation carried out by the Police having considered the material placed by them on record. We find no reason to arrive at a conclusion to the contrary. 4/5 sns 29-wp-2520-2019.doc 12) We therefore conclude that, this is yet another case of an unfortunate ‘accidental death’ and nothing else. We accordingly find no justifiable reason to transfer the investigation to any other Police Station or a Superior Authority. 13) We accordingly dismiss the Petition. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 5/5