Bombay High Court
Jayant Pandurang Jagdale And Ors vs The State Of Maharashtra on 22 November, 2018
Author: A.S.Gadkari
Bench: A.S.Gadkari
ABA.603-2018.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 603 OF 2018
Jayant Pandurang Jagdale & Anr. ..Applicants
Vs
The State of Maharashtra ..Respondent
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Mr. Jaydeep D. Mane, for applicants.
Mr. A.A. Kumbhakoni, Advocate General a/w Mr. Ajay Patil, AAP for State.
CORAM : A.S.GADKARI, J.
DATE : 22nd November 2018. P.C.: 1] During the course of arguments of the present case, the case
diary maintained by the Investigating Officer was perused by this Court. It was noticed that, the case diary is matained in utter defiance and violation of Section 172 (1-b) of Cr. P.C. The alleged case diary is in the form of loose sheets without pagination and is kept in the file in a casual manner. It is not a bound volume. This it is maintained in clear violation of the said section. In view thereof, this Court requested the learned Advocate General of the State to assist this Court.
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ABA.603-2018.doc 2] The learned Advocate General tendered a copy of the Order dated 20.12.2016 passed by the Co-Ordinate Bench (Shri N.W. Sambre, J.) and submitted that by the said Order, this Court has taken serious note of the same and the Director General of Police, Maharashtra was directed to take remedial measures in that behalf. He submitted that, accordingly the Director General of Police, Maharashtra had issued a Circular dated 19.1.2017 directing all the concerned Investigating Officers in the State of Maharashtra to comply with the provisions of Section 172 (1-b) of Cr. P.C in its strict sense.
3] It appears that, the said Circular has not been given proper effect by the Officers of lower rank and are still casual in their duties. Undoubtedly, as noted earlier, this is clear violation of 172 (1-b) of Cr. P.C. The mandate of law is being violated by the law enforcers which cannot be countenanced.
4] In view thereof, the learned Advocate General, State of Maharashtra submitted that, he will personally discuss the issue with the Director General of Police, State of Maharashtra and will show to him the case diary of the present matter and will adopt remedial measures in that behalf. The said statement is accepted.
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ABA.603-2018.doc 5] Stand over to 7th December 2018 at 3.00 p.m..
Ad-Interim relief, if any, to continue till then.
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