Ashish Hasmukhlal Bhavsar v. State Of Maharashtra

DAE 62-WP-752-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 752 OF 2022 WITH INTERIM APPLICATION NO.309 OF 2023 WITH INTERIM APPLICATION NO.308 OF 2023 Ashish Hasmukhlal Bhavsar

...Petitioner

Versus

State Of Maharashtra

...Respondent

by DNYANESHWAR ASHOK ETHAPE Date: 2023.02.17 17:49:39 +0530 None for Petitioner.

Mr. S. S. Hulke, APP for Respondent-State.

DNYANESHWAR ASHOK ETHAPE CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 13th FEBRUARY, 2023.

P.C.:- 1.

Perusal of Petition would indicate that, the pleadings therein are in the form of defence of the Petitioner in the crime, wherein he is an accused. It is the settled position of law that, the defence of the accused in crime cannot be tested/adjudicated in a Petition under Article 226 of the Constitution of India.

2.

Petitioner is at liberty to file appropriate application before the trial Court for conducting Polygraph Test, if permissible under the law. 3.

If such an application is filed by Petitioner, the trial Court is requested to decide the same as per provisions of law and the decisions in that behalf rendered by the Hon'ble Supreme Court.

1/2

DAE 62-WP-752-2022.doc 4.

According to us, present Petition is misconceived and is accordingly disposed off with aforesaid liberty.

(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2