Padmakar So Krinhnarao Nandekar v. The State Of Maharashtra

103-REVN-458-2025 (CR).doc S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 458 OF 2025 Padmakar S/o Krinhnarao Nandekar ... Applicant versus The State Of Maharashtra ... Respondent _________________________________________________________________ Mr. Karan Bhosale a/w. Mr. Arvind Tiwari and Mr. Harsh Sawant, Advocate for Applicant.

Smt. Ranjana D. Humane, APP for the Respondent-State. Ms. Mallika Ingale, Advocate for Respondent No.2. _________________________________________________________________ by SONALI SATISH KILAJE Date:

2026.04.28 11:15:58 +0700 SONALI SATISH KILAJE

CORAM

: SHIVKUMAR DIGE, J.

DATE : 24th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for respondent No.2.

2.

Learned counsel for the applicant submits that when applicant had filed discharge application before the Trial Court, he was not having medical report of the victim. Recently, the Investigating Officer has received the forensic report. The forensic report is produced for the first time after seven years. The applicant is heavily relying on medical report and forensic document and he may be permitted to withdraw this application with liberty to file fresh discharge application before the Trial Court.

3.

Learned APP for the State and learned counsel for respondent

103-REVN-458-2025 (CR).doc S.S.Kilaje No.2 strongly objected for the same on the ground that medical report was already annexed with the charge-sheet.

4.

I have heard all learned counsel. In paragraph No.7 of the impugned order, the Trial Court has observed that the applicant has not received copy of medical report. It shows that copy of medical report was not served to the applicant, and applicant is heavily relying on the said report and forensic report which is produced after seven years after receival of it.

5.

In view of above, I pass following order:

ORDER

(i) The impugned order dated 12.011.2024 passed by City Civil and Sessions Court, Greater Bombay in Sessions Case No. 1683 of 2019 is quashed and set aside.

(ii) The applicant is permitted to file fresh discharge application before the Trial Court.

(iii) The Trial Court shall decide the said application on its own merit.

(iv) The applicant shall file application as early as possible within one week after receival of this order.

(SHIVKUMAR DIGE, J.)