Samadhan Vitthal Guthule v. The State Of Maharashtra And ORS

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.65 OF 2025 Samadhan Vitthal Guthule ] Appellant Vs.

The State of Maharashtra and others ] Respondents .....

Mr. Narayan G. Rokade a/w Mr. Abhang Suryawanshi a/w Mr. Siddharth R. Ghodke and Mr. Harishchandra Jadhav, for Appellant. Dr. D.S. Krishnaiyer, A.P.P, for Respondent No.1 - State. Mr. Tushar Sonawane, for Respondent Nos.2 and 3. Mr. Pravin B. Patil, A.P.I, Nashik Rural present. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 17th FEBRUARY, 2025.

P.C:

1.

Despite specifically directing the Principal Secretary of Law and Judiciary, Mantralaya to take appropriate action against the A.P.P who was absent before the learned Additional Sessions Judge at the time of passing the impugned order and to report the compliance, surprisingly some Desk Officer of the State Government has forwarded the report at the 11th hour which is SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.02.17 17:49:18 +0530

nothing but just to complete the formality indicating that there is compliance. This is not the compliance in view of the order passed by this Court on the last date i.e on 10th February, 2025. Such conduct on the part of the concerned officer is highly deprecated, especially, in light of the fact that this being a matter under the special statute wherein the mandate of Section 15-A of the SC ST Act has not been complied with.

2.

The learned A.P.P is unable to inform the Court as to whether Principal Secretary has personally seen the order or otherwise. Had the order been really perused by the Principal Secretary, the Desk Officer of Manatralaya would not have forwarded such a haphazard report. Be that as it may.

3.

The learned A.P.P submits that she will ascertain it from the Office of the Principal Secretary and would ensure compliance of the order in its letter and spirit as well as the steps being taken in that regard.

4.

Perused the Inquiry Report of the Superintendent of Police, Nashik (Rural) dated 15th February, 2025. It's perusal reveals that

the Superintendent of Police has taken all steps in accordance with law. The said inquiry report is taken on record and marked "X" for identification.

5.

Stand over to 20th February, 2025.

[PRITHVIRAJ K. CHAVAN, J.]