Maloji Dhanyakumar Darade v. State Of Maharashtra

SANDEEP CHITNIS Date: 2024.03.21 15:46:58 +0530 NISHA SANDEEP CHITNIS 903-wp.3599.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3599 OF 2022 (THROUGH JAIL) Maloji Dhanyakumar Darade

...Petitioner

Versus

State of Maharashtra

...Respondent

Mr. Shailesh A. Chavan, Appointed Advocate for the Petitioner. Ms. P. P. Shinde, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 21st MARCH 2024 P.C. :

1.

By this petition, sent through jail, the petitioner prays for conducting NARCO test of the complainant in C.R. No.341 of 2021 and also for making CID inquiry of the complainant. 2.

Learned APP on instructions, submits that the NARCO test, cannot be directed to be conducted on the complainant. She further submits that the same is well settled. She submits that the question of conducting CID inquiry of the complainant does not arise N. S. Chitnis 1/2

903-wp.3599.2022.doc since charge-sheet has been filed in C.R. No.341 of 2021 (lodged by the complainant). She submits that even otherwise, the petitioner has been released on the bail, after filing of the aforesaid petition, i.e. on 15th September 2022.

3.

Learned APP has rightly pointed out that the complainant cannot be subjected to NARCO test and as such the said prayer stands rejected. As far as conducting CID inquiry of the complainant is concerned, there is nothing in the petition, which would warrant conducting of a CID inquiry against the complainant. Petition is bereft of details.

4.

The petition stands dismissed and is accordingly disposed of.

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2