Bombay High Court Transfers Investigation of Cold-Blooded Murder of Ex-Corporator to CBI Noting “Critical Gaps That Needed to Be Addressed, Warranting the Transfer”

Court’s Decision:
The Bombay High Court ordered the transfer of the investigation regarding the cold-blooded murder of Ex-Corporator Abhishek Ghosalkar, to the Central Bureau of Investigation (CBI). The Court expressed concerns over incomplete investigation and the need for a thorough probe to ensure justice.

Facts of the Case:
On February 8, 2024, the petitioner’s husband, Abhishek Ghosalkar, an Ex-Corporator, was shot dead in a brutal murder, live-streamed on Facebook by the accused, Mauris Noronha. Mauris, who shot 7-8 bullets at the deceased, later killed himself with the same weapon. An FIR was registered under Section 302 of the IPC and other related provisions. However, the petitioner alleged that the police investigation was inadequate and failed to explore the involvement of others apart from Mauris, such as his bodyguard Amrendra Mishra and other associates.

Issues:
The primary issue was whether the investigation conducted by the Crime Branch into the murder of Abhishek Ghosalkar was sufficient, and whether transferring the investigation to the CBI was necessary to ensure justice.

Petitioner’s Arguments:
The petitioner argued that despite evidence such as CCTV footage and suspicious conduct by individuals like Amrendra and Mehul Parekh, the police failed to investigate their possible involvement.

She contended that critical aspects, such as the involvement of other conspirators and the purchase of bullets by Mauris, were not adequately examined.

The petitioner sought the formation of a Special Investigation Team (SIT) or transfer of the case to the CBI for a comprehensive investigation.

Respondent’s Arguments:
The public prosecutor argued that the Crime Branch had conducted a thorough investigation from all angles and had filed the necessary charge-sheet in the case.

The state authorities maintained that no substantial grounds were provided to warrant a transfer of the investigation.

Court’s Analysis:
The Court reviewed the material presented, including CCTV footage and witness statements. It noted discrepancies in the investigation, particularly the failure to examine all angles related to Amrendra and Mehul’s involvement. The Court highlighted the need for a fair and impartial investigation, especially given the gravity of the case and the public nature of the crime, which was live-streamed.

The Court emphasized that while the police investigation may not have been deliberately negligent, there were critical gaps that needed to be addressed, warranting the transfer to the CBI.

Conclusion:
The Bombay High Court allowed the petition and transferred the investigation to the CBI.