Edwar Clint Dcosta v. State Of Maharashtra And ANR

908-WP-5932-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5932 OF 2024 Edward Clint D'costa

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Ranjeet Pawar a/w Mr. Ankit Upadhyay, Advocate for the Petitioner.

Ms. Anuja Gotad, APP for the Respondent No.1/State. CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE : 8th JANUARY, 2025 P.C. :- 1.

This matter was heard Yesterday and further hearing was conducted today. We expressed our disinclination. by SUNNY ANKUSHRAO THOTE Date:

2025.01.13 10:54:37 +0530 SUNNY ANKUSHRAO THOTE 2.

The learned Advocate for the Petitioner submits that the Petitioner may be permitted to withdraw this Petition. However, though the CCTV footage has been supplied to the Petitioner under the Right to Information Act, 2005, which is a part of the Petition paper book, it is the prosecution which will have to produce the CCTV footage, otherwise the Petitioner would have a difficulty SUNNY THOTE

908-WP-5932-2024.odt since his presentation of the CCTV footage would amount to secondary evidence.

3.

The learned APP submits on instructions from the Investigating Officer present in the Court, that the CCTV footage would be produced before the Trial Court along with the chargesheet.

4.

The details of the CCTV footage are as under :- "3rd June, 2024, 10:00 p.m. (22 hours) upto 12:30 a.m. (4th June, 2024) that is 00:30 hours."

5.

By recording the above statement, this Writ Petition is disposed off as withdrawn, on instructions.

(RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE