← Library
Bombay High CourtAPEAL/153/2022disposed off

Kamini Sunil Apte v. State Of Maharashtra And ANR.

2023-04-26Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 23 APEAL 153-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 153 OF 2022 Kamini Sunil Apte ..

Appellant

Versus

The State of Maharashtra & Anr ..

Respondents ...

Adv.Dhanashree Lad a/w Adv.Abdul Aziz Khan for the appellant Mr. Abhishek Yende i/b Adv. B.A. Lawate for respondent no.2 Ms. P.N. Dabholkar, APP for the State.

Mr. M.J. Tayade, PSI, Nalasopra Police Station. CORAM: BHARATI DANGRE, J.

DATED : 26th APRIL 2023 P.C:- The Assistant Commissioner of Police, Nalasopara Division, Mira-Bhyandar Vasai Virar Commissionerate has filed an affidavit dated 30/1/2023, in which he make a following statement.

"I say that the after passing the Order dated 17.02.2022, the Appellant produced a Compact Disk (C.D.) regarding the said happened incident dated 08.07.2021 before the Investigating Officer. The said C.D. is came to be seized under the panchanama dated 25/02/2022 in presence of two panchas, in the said C.D. aforesaid whole incident was recorded in video and audio recording by the Appellant. It reflect that the Ashish

2/2 23 APEAL 153-22.doc aforesaid Appellant is abusing the complainant and witnesses but not on the basis of caste. Hereto annexed and marked Exh. "A" is the copy of transcribed Panchanama dated 25.02.2022."

In the wake of the above statement, the interim order dated 17/2/2022, which continue to operate till today, is made absolute. It is seen that in the said order, the appellant was directed to report to the Investigating officer and it is informed that he has complied with the said direction. Needless to state that it is open for the Investigating Agency to take appropriate steps, as are permissible to it under law.

Criminal Appeal No. 153 of 2022 disposed off. ( SMT. BHARATI DANGRE, J.) Ashish