Hussain Mohammad Rafiq Shaikh v. The State Of Maharashtra

by MINAL SANDIP PARAB Date:

2022.06.17 16:42:07 +0530 MINAL SANDIP PARAB 15_WP3320_17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3320 OF 2017 Hussain Mohammad Rafiq Shaikh ...

Petitioner Vs.

State of Maharashtra ...

Respondent Through Post. None for Petitioner.

Ms. S. D. Shinde, APP for Respondent-State.

CORAM : S. S. SHINDE & MILIND N. JADHAV, JJ.

DATE : JUNE 17, 2022 P.C. :

.

The main grievance of the petitioner appears to be the perfunctory investigation by the Investigation Officer and as a result, the relevant documents / evidence were not filed along with the charge-sheet. 2.

At this belated stage, the grievance of the petitioner about the investigation in his case cannot be considered and no relief can be granted. 3.

In case the grievance of the petitioner about not placing the relevant documents or collecting evidence during the course of investigation still subsists, the petitioner would be entitled to agitate the said issue before the trial Court in case the trial is not concluded. In case the trial is already concluded and the petitioner is convicted, he is free to approach the higher Court by way of filing the appeal.

4.

With the above observations, writ petition stands disposed of. 5.

Registry shall send a copy of this order to the concerned jail authority, who in turn shall communicate the same to the petitioner. (MILIND N. JADHAV, J.) (S. S. SHINDE, J.) 1/1 Minal Parab