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
- Constitution of India — s. Article 226
- Indian Penal Code — s. Section 363
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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