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Bombay High Court

RAMDAS PAIKUJI JAITGUDE AND ANR.versusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that the death was an accidental drowning and there was no ground to transfer the investigation.

Summary

The petitioners, visually impaired parents, filed a writ under Article 226 seeking transfer of the investigation into their 15‑year‑old son Harshad's death, alleging murder despite a post‑mortem indicating drowning. The police investigation, including statements, spot inspection, chemical analysis and a post‑mortem report, found no injuries or poison and concluded accidental drowning, a view affirmed by the Sub‑Divisional Magistrate. The court examined the investigation records and found no evidence of foul play, animosity, or mens rea. Consequently, the court held that the death was an unfortunate accident and there was no justification to transfer the case to another agency. The petition was dismissed.

Issues considered

  • Whether the circumstances of Harshad's death warrant transfer of the investigation to another agency under Article 226.
  • Whether the evidence supports a conclusion of accidental drowning or indicates homicidal death.
  • Whether the petitioners have demonstrated sufficient grounds to challenge the police investigation.

Legislation cited

Subjects

  • accidental death
  • drowning
  • transfer of investigation
  • Article 226
  • police investigation
  • visually impaired
  • parental support
  • post‑mortem

Judgment

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                                  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

         Digitally
                                      ______________________________________
         signed by
         SUMEDH
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:        Mr. Sumit Kate a/w. Adv. Aishwarya R. Tuwar i/by Dr. Uday P. Warunjikar
         2026.09.22
         17:35:29
         +0530        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.



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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 2 nd 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 3 rd 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.

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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 20 th 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

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record,   the   learned   Sub-Divisional   Magistrate,   Ulhasnagar,    by    a

communication bearing Outward No.SR/99/25 dated 22 nd 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.




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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.)




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