Bombay High CourtAPL/365/2014other disposed off

Jumma S/O Kasam Pyarewale v. State Of Maharashtra, Through The P.S.O. Digras Police Station, Yavatmal And Another

2015-03-23Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 2303apl365.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 365 OF 2014.

Jumma Kasam Pyarewale ..vs.. State of Mah. and anr. ------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - Mr.P.P.Deshmukh, Adv. for the applicant.

Mrs.T.H.Udeshi, APP for respondent no.1.

CORAM : A.B.CHAUDHARI AND P.N.DESHMUKH, JJ.

DATED : MARCH 23, 2015.

Heard learned counsel for rival parties.

We quote the following portion from para no.3 of the affidavit-in-reply dated 11st of June, 2014 filed by respondent no.1.

"The Investigating Officer also taken clip of the CCTV Footage which was fitted and installed in the Chamber of the Chief Officer of the municipal Council Digras and as well as the meeting hall of the Municipal Council. The said CCTV Footage clearly shows that the present applicant has not committed any offence as alleged by the complainant. The entire footage dated 29/5/2014 is taken by the Investigating Officer in a pen drive. The statement recorded by the Investigating Officer, Officers and staff of the Municipal Council. The CCTV Footage is a direct evidence and proof of the alleged incident which clearly and prima facie

2 2303apl365.14.odt shows that the present applicant has not committed any offence while discharging his duty. The complainant in the said crime as well as his associate Corporator and about more than 50 followers have deliberately and intentionally committed chaos and agitation by organizing the unlawful assembly and lodge false report against the applicant, which is clearly reveals from the CCTV Footage obtained during the course of investigation of the said crime."

In view of the above statement made in the affidavit-inreply by the concerned Police Station Officer, we make the following order.

ORDER.

Criminal Application (APL) No.365 of 2014 is disposed of in the light of the statement quoted above. JUDGE JUDGE Chute.