Ganesh S/O. Harikisan Chhangani v. State Of Maharashtra Thr. Secretary Department Of Home Manatralaya Mumbai And Others

1 cwp48.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.48 OF 2018 [Ganesh s/o Harikisan Chhangani .vs. State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.J. Mirza, Counsel for the petitioner, Shri B.M. Lonare, APP for the respondents-State. ..........

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOS HI, JJ .

DATED : APRIL 20, 2018.

By this criminal writ petition the petitioner seeks a direction against the respondents to produce the seized property including the weapons in connection with the crime in the proceedings in R.C.C. No.328/2000.

It is stated on behalf of the petitioner that though the Assistant Public Prosecutor has made an application before the Hon'ble Judicial Magistrate, First Class, Warud for calling the seized weapons so that the complainant and the other witnesses of the prosecution would be confronted with the same, the trial court is not deciding the application. It is submitted that if the weapons of offence are not produced in the court, the family members of the victim will be greatly prejudiced. We find that the petition is premature. The learned Judicial Magistrate, First Class, Warud would surely decide the application filed by the Assistant Public Prosecutor, as it is not decided till date. If an adverse order is passed, it would be for the Assistant Public Prosecutor to take appropriate action. However, a direction cannot be issued while exercising the jurisdiction under Article 226 of the Constitution of India to direct the prosecution to immediately produce the weapons in the trial court. The trial court is seized of the matter. We,

2 cwp48.18.odt therefore, find that the trial court would take appropriate steps in the matter on the application filed by the Assistant Public Prosecutor.

In the result, we dispose of the criminal writ petition. Order accordingly.

JUDGE JUDGE Gulande