Wasudeo S/O Bapuji Bhandarkar v. The State Of Maharashtra, Through P.S.O. Sadar, Nagpur And Another

1 apl733.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 733 OF 2015.

(WASUDEO BAPUJI BHANDARKAR..VS..THE STATE OF MAH. THR. PSO SADAR & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.A.Chaudhari, Advocate for Applicant.

Shri S.S.Doifode, A.P.P. for Respondent No. 1. CORAM : B.P.DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

DATED : DECEMBER 15, 2016.

Effort of the learned counsel for the applicant/ employee is to urge that as in the departmental enquiry there is exoneration after recording of the evidence, criminal trial cannot be proceeded with.

Advocate Shri Chaudhari is seeking time to place on record complete copy of the enquiry report to show that entire material to be looked into in criminal trial is in fact appreciated by the Enquiry Officer.

The learned APP submits that a converse argument could have been looked into but mere exoneration in departmental enquiry does not operate as bar for criminal trial.

We keep the contentions of the applicant open. The correctness thereof can be looked into when witnesses are examined before the trial Court.

2 apl733.15 Hence, without observing anything in that respect, with liberty to the applicant to raise all the contentions at an appropriate stage, we dispose of the application.

JUDGE JUDGE RRaut..