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Bombay High CourtWP/6184/2021disposed off

Dilip Kisan Bhosale v. The State Of Maharashtra

2023-01-02Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik1 pages

DAE 18-WP-6184-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6184 OF 2021 Dilip Kisan Bhosale

...Petitioner

Versus

The State Of Maharashtra

...Respondent

Mr.Amol L. Dhumal appointed Advocate for Petitioner. Mr. Ajay Patil, APP for Respondent-State.

CORAM : A. S. GADKARI AND by DNYANESHWAR ASHOK ETHAPE Date: 2023.01.05 11:14:51 +0530 PRAKASH D.NAIK, JJ.

DNYANESHWAR ASHOK ETHAPE DATE : 2nd JANUARY, 2023.

P.C.:- .

By the present Petition, the Petitioner has requested this Court to direct the concerned to conduct Narco Analysis Test to prove his innocence in Crime No.96 of 2019 registered with Vita Police Station, Taluka Khanapur, District Sangli.

2.

It is the settled position of law that, the defence of the Petitioner in a crime cannot be tested in a petition under Article 226 of the Constitution of India.

3.

According to us, present Petition is misconceived and is dismissed in limine.

(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 1/1