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Bombay High CourtAPL/890/2015dismissed for nonprosecutiondefault at admission stage

Kantaprasad Patva And ORS v. The State Of Maharashtra And ANR

2016-04-25Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice A.S. Oka2 pages

rpa 1/2 apl-890-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.890 OF 2015 ------------------------------------------------------------------------------------------------- Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders ------------------------------------------------------------------------------------------------ ......

None for the Applicants.

Mrs. M. H. Mhatre, APP for the Respondent No.1. Mr. S. B. Deshmukh, API, Dharavi Police Station. ......

CORAM : A.S. OKA AND P.D. NAIK, JJ.

DATED :

APRIL 25, 2016.

P.C.

None appears for the applicant. On last three dates, none has appeared for the applicants. The learned APP states that Shri S.B. Deshmukh, API, Dharavi Police Station who recorded the statement of the accused which is on page 26 in the application is present. He accepts his error and he states that henceforth he will not record any such confessional statement of the accused and in any event, such statement will not be a part of the charge-sheet. We accept the said statement made by the learned APP on instructions.

rpa 2/2 apl-890-15.doc As the applicants have consistently remain absent, by accepting the said statement, we dismiss the application for non-prosecution.

(P.D. NAIK, J.) (A.S. OKA, J.)