Narayan S. Shinde And ORS v. The State Of Maharashtra And ORS

spb/ pr3apl141-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 141 OF 2017 Shri Narayan S. Shinde & Ors.

... Applicants.

V/s.

The State of Maharashtra & 7 others.

... Respondents.

--- Mr. V. R. Garud, Advocate for the Applicants. Mr. S. R. Agarkar, APP for the State.

--- CORAM : RAVINDRA V.GHUGE,J.

DATE : 14 MARCH, 2017 P.C. :

This petition is not on board today. Taken on production board at the request of the applicants. The Applicants are police officers. The accused were arrested by them on 02.03.2009 and were produced before the Magistrate on 03.03.2009. Statements of the accused recorded on 18.03.2009 indicate certain allegations of ill-treatment meted out to the applicants by the applicants while in custody. Grievance is that since the statements were recorded after 16 days, mentioning acts of ill-treatment and atrocities are concocted. The proceedings before the trial court against the petitioners being STC Nos. 660 of 2009 to 665 of 2009, therefore, need to be quashed.

It is informed that in these matters, the proceedings before the trial court are at the final stage. Borey 1/2

spb/ pr3apl141-17.odt I have considered the strenuous submissions advanced by the learned counsel for the applicants. The proceedings against the applicants have been initiated in 2009. Trial is almost complete and is at the stage of final hearing. In the last eight years, the petitioners have not raised any grievance that false statements of the accused were recorded on 18.03.2009, after they were granted police custody on 03.03.2009 and hence, the trial should be quashed. Considering the above factors and taking into account that the matter is at the final stage, I do not find that this is a fit case to exercise jurisdiction by this court. The petition, being devoid of merits, is, therefore, dismissed.

(RAVINDRA V.GHUGE,J.) .....

Borey 2/2