Asif Akbar Khan v. State Of Maharashtra

908-CRIAPL1111-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1111 OF 2025 Asif Kabir Khan ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ayaz Khan, for the Applicant.

Mr. P. P. Malshe, APP for the State.

CORAM:

N. J. JAMADAR, J.

DATED:

16th OCTOBER, 2025 SANTOSH SUBHASH KULKARNI Oral Order:- SANTOSH SUBHASH KULKARNI Date: 2025.10.18 10:31:38 +0530 1.

Heard Mr. Khan, the learned Counsel for the applicant. 2.

The applicant is aggrieved by the procedure adopted by the learned Special Judge in hearing the discharge application. It was submitted that, after the argument of the learned Pubic Prosecutor and the Advocate for the accused in rejoinder and sur-rejoinder, the learned Special Judge allowed the Investigating Officer to make fresh submissions. 3.

I have perused the order dated 30th September, 2025. It does not indicate that, the learned Special Judge allowed the production of the documents at the instance of the Investigating Officer. It seems, the applicant is aggrieved by certain 1/2

908-CRIAPL1111-2025.DOC observations purportedly made by the learned Special Judge, while hearing the discharge application.

4.

The learned Special Judge has posed the matter on 30th October, 2025.

5.

The learned Special Judge is requested to hear and decide the discharge application in conformity with the procedure prescribed in the Code of Civil Procedure, 1908/the Bharatiya Nagarik Suraksha Sanhita, 2023.

6.

The application stands disposed.

[N. J. JAMADAR, J.] 2/2