Gautami Amol Todakar v. The State Of Maharshtra

906-revn63-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.63 OF 2023 Gautami Amol Todkar ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.04.25 18:21:29 +0530 ATUL GANESH KULKARNI Mr. Saleel Borwandkar for the applicant.

Mr. Arfan Sait, APP for the respondent no.1/State. Mr. Abhishek Sathe i/by Pradhuman Singh Chauhan for respondent no.2.

Mr. Nitin Mahadik, PI and Mr. Ashok Sutar, PSI, Dr. D.B. Marg Police Station, are present.

CORAM :AMIT BORKAR, J.

DATED :APRIL 13, 2023 P.C.:

1.

The criminal revision application is directed against order dated 14th February 2023 passed by the learned Metropolitan Magistrate, 18th Court Girgaon, Mumbai rejecting application of the applicant to summon competent officer for production of 65-B certificate.

2.

An application was filed before the learned Magistrate to summon competent officer for issuance of certificate under section 65-B of the Indian Evidence Act, 1872 in relation to CDR/SDR and tower location for mobile numbers of the accused and victim. By

906-revn63-2023.doc the impugned order, learned Magistrate rejected the application. 3.

The informant has, therefore, filed present criminal revision application. During the course of hearing, learned advocate for respondent no.2, on instructions from respondent no.2, states that the respondent no.2 has no objection for admitting and reading CDR/SDR and tower location of mobile numbers of accused and victim which was subject matter of application below Exhibit 30. In view of said factual concession, the necessity of proof of documents referred below Exhibit 30 is dispensed with. 4.

Learned Magistrate shall admit CDR/SDR and tower location for mobile numbers of accused and victim in evidence. 5.

In view of said concession, no orders are required to be passed. The Revision is, therefore, disposed of in above terms. No costs.

6.

Learned Magistrate shall consider the matter on its own merits.

(AMIT BORKAR, J.)