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Head Note

Constitution of India, 1950  - Article 226

Investigation - Inappropriate Investigation - Direction by High Court in criminal writ petition to initiate disciplinary action as well as criminal proceedings against the appellant who was Investigation officer - Occurrence took place almost a decade ago - Impugned direction passed by the High Court deserves to be modified - Direct that the matter in question with reference to the inappropriate investigation at the hands of the appellant in regard to the death of 'Y' be examined by the Home Secretary, of the State of Maharashtra - It shall be open to the rival parties including the complainant i.e. the respondents herein, to appear before the Home Secretary, of the State of Maharashtra, either in person or through their counsel, and place before him such material as is considered necessary - Home Secretary, of the State of Maharashtra, shall examine the material placed before him, and after hearing the rival parties, pass an order whether departmental action needs to be taken, and also whether, criminal prosecution needs to be initiated against the appellant.

Topic(s)-Investigation - Inappropriate Investigation - Directions issued ,