Bombay High CourtWP/584/2017others disposed off

Kamlakar Laxman Bhoir v. The State Of Maharashtra

2017-10-04Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Ranjit More.2 pages

rpa 1/2 wp-584-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.584 OF 2017 Kamlakar Laxman Bhoir .. Petitioner V/s.

The State of Maharashtra .. Respondent ......

Mr.K.P. Shah, Advocate for the Petitioner.

Mrs.A.S. Pai, APP for Respondent - State.

......

CORAM : RANJIT MORE AND PRAKASH D. NAIK, JJ.

DATED :

OCTOBER 4, 2017.

P.C. :

Learned counsel for the petitioner at the outset states that he is not pressing the relief claimed in prayer clauses (a) and (b) of the petition and he is restricting this petition in respect to the relief claimed in prayer clause (c). The statement is accepted. Prayer clause (c) reads as follows: "(c) That this Hon'ble Court may be pleased to direct the Respondent No.1 to provide the Petitioner with the copy of the CCTV Footage as mentioned in the Forensic Report dated 07.04.2016."

rpa 2/2 wp-584-17.doc Learned counsel invited our attention to the Forensic Report dated 7th April, 2016 which is annexed at page 82 and submits that one DVD containing eight C.C.T.V. Footages were submitted along with the charge-sheet in the subject FIR. He further submits that on examination of copy of DVD supplied to the petitioner it was found that there are only five C.C.T.V. Footages. Learned counsel makes a grievance that said DVD does not contain three C.C.T.V. Footages.

Learned APP submits that the petitioner in this regard can apply to the learned Magistrate and if the DVD containing eight C.C.T.V. Footages is available, copy of the same can be given to the petitioner.

In the above circumstances, we dispose of this petition by granting liberty to the petitioner to apply to the concerned Magistrate seeking copy of the DVD containing eight C.C.T.V. Footages and if the same is available, the learned Magistrate is directed to give copy of the same to the petitioner. This exercise shall be done expeditiously. With the above directions, Writ Petition is disposed of.

(PRAKASH D. NAIK, J.) (RANJIT MORE, J.)