Santosh Jagarnath Rane And ORS v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1889 OF 2024 Santosh Jagarnath Rane And Ors ...Applicants
Versus
The State Of Maharashtra And Anr
...Respondents
Digitally signed by AMOL DILIPRAO NAWALE Date:
2025.01.24 10:52:14 +0530 ---- Mr. Pankaj Dubey, Advocate for the Applicants. AMOL DILIPRAO NAWALE Mr. A. A. Palkar, APP for the State.
Mr. Arunkumar Chaubey, Advocate for Respondent No.2. ---- CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.
DATE : 21st JANUARY, 2025 P.C. :- 1.
This matter was heard for some time yesterday and an overnight pass over was granted. The learned Advocate for the Applicants, on instructions, submits that the Applicants desire to withdraw this Application. If advised, they would move appropriate proceedings for seeking discharge and all contentions be kept open.
2.
The learned Advocate for the Applicants has stated that he has received a copy of the CCTV Footage/Video Clip, which indicates that the Applicants were not the persons who had assaulted the Complainant. It is clearly seen in the CCTV Footage/Video Clip that other persons had assaulted the Complainant with sticks. This CCTV Footage/Video Clip is recorded around 16 hours on 21st October, 2023.
3.
The learned APP states on instructions from the Investigating Officer who is present in the Court, that the CCTV Footage/Video Clip would be placed before the Trial Court. For this purpose, an Application for further investigation would be filed, and upon obtaining appropriate orders from the Court, further investigation would be conducted. The CCTV Footage/Video Clip would be collected, and a supplementary charge-sheet would be filed.
4.
In view of the said statement, we direct that the CCTV Footage/Video Clip recorded between 15.30 hours up to 17.00 hours on 21st October, 2023 by a shopkeeper in the neighborhood, would be preserved. The Investigating Officer would ensure that this
direction is conveyed to the shopkeeper and that the said CCTV Footage/Video Clip is collected. In the event of any loss of Footage, the CCTV Footage/Video Clip available with the present Applicants, would be utilized in a manner as is permissible in law. 5.
By recording the above statements made to the Court, this Application is disposed off as withdrawn, on instructions. If the Applicants avail of a remedy after filing of the charge-sheet, as is permissible in law, all contentions are kept open and the withdrawal of this Application would not be an impediment. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)