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Bombay High CourtWP/4107/2024disposed off

Anna Maruti Shinde v. The State Of Maharashtra

2025-04-30Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere3 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.04.30 19:29:00 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4107 OF 2024 Anna Maruti Shinde ... Petitioner

Versus

The State of Maharashtra ... Respondent Mr. Amit Katarnaware a/w Ms. Pooja Dongare and Mr. Aditya Katarnaware for the Petitioner in WP/4107/2024 Mr. Hiten S. Venegavkar, P.P a/w Mrs. P. P. Shinde, A.P.P for the Respondent-State Mrs. Manjula Rao, Sr. Advocate, as an amicus curiae a/w Mr. Kunal Rane ACP Mr. Kishorkumar Shinde, from Crime Branch, is present Mr. Datta Nalawade, DCP (Detection) Crime Branch, Mumbai, is present CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

WEDNESDAY, 30 th APRIL 2025 P.C :

Mr. Venegavkar, learned P.P, on instructions, states that an FIR will be registered at the instance of PI Mr. Mangesh Desai attached to Crime Branch, Mumbai on or before 3rd May 2025. Statement accepted.

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After the FIR is registered, it is open for the SIT to depute an officer to approach the Registrar (Judicial-I), High Court, Appellate Side, to seek the documents/electronic records submitted by the Magistrate, who had conducted the inquiry and had submitted the documents to this Court in a sealed envelope. We make it clear that we have not opened the sealed envelope submitted by the learned Magistrate and as such, the said sealed envelope be transmitted today itself to the Registrar (Judicial-I), to be kept in a safe custody.

The said envelope shall be opened by the Registrar (Judicial-I), in the presence of an Officer deputed by the SIT to collect the said documents/electronic records; a Prosecutor; and an advocate deputed by the learned amicus Mrs. Rao. The Registrar (Judicial-I), shall photocopy all documents submitted by the Magistrate during the course of the inquiry, and also create copies of the electronic records submitted 2/3

by the Magistrate. The copies shall be kept in the safe custody by the Registrar (Judicial-I), and the originals shall be handed over to the officer of the SIT, upon obtaining an acknowledgment thereof.

Needless to state that, upon receipt of all documents related to the inquiry conducted by the Magistrate, the SIT shall forward a copy of the same to the Commission, since the Commission has requested for the same.

All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 3/3