Bombay High Court
Rahul S/O. Sukhdeo Gaikwad vs The State Of Maharashtra And Anr on 1 April, 2021
Author: B. U. Debadwar
Bench: Ravindra V. Ghuge, B. U. Debadwar
1 916- Cri. Appln. No. 2173-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
916 CRIMINAL APPLICATION NO.2173 OF 2019
RAHUL S/O. SUKHDEO GAIKWAD ..APPLICANT
VERSUS
THE STATE OF MAHARASHTRA AND ANR ..RESPONDENTS
...
Advocate for Applicant : Mr. N.B. Narwade
APP for Respondent No.1 : Mr. K. S. Patil
Advocate for Respondent No.2 : Mr. A. S. Sawant
....
CORAM : RAVINDRA V. GHUGE AND
B. U. DEBADWAR,JJ.
DATE : 01-04-2021 PER COURT :-
1. The communication received by the learned public prosecutor along with certain documents and the order of the learned Judicial Magistrate, First Class, Parner, District Ahmednagar, dated 26.03.2021, (12 pages) are taken on record and marked as ''X-1'' collectively.
2. The learned Public Prosecutor informs us today on the basis of the written instructions, received from Police Inspector Shri. P.P. Khedkar, Crime Investigation Branch (C.I.D.) Ahmednagar district, that it was wrongly communicated to the Court on 23.03.2021, that two of the three accused have consented for a Narco Analysis Test. It ::: Uploaded on - 06/04/2021 ::: Downloaded on - 04/09/2021 17:35:50 ::: 2 916- Cri. Appln. No. 2173-2019.odt was not clarifed that these two are not accused, but are witnesses and they had consented for Narco Analysis Test.
3. The learned Public Prosecutor then places before us an order passed by the learned judicial Magistrate, Parner presided over by Shri. D.R. Badave, dated 26.03.2021, wherein he has issued notice to three persons namely Mahendra Pandurang Gadilkar, Shakoor Rajjak Pathan and Laxman Kisan Waghmare, to give their say on the application fled by Mr. P.P. Khedkar, seeking their consent for a Narco Analysis Test.
4. We are surprised by the turn of events before us based on the submissions of the learned Public Prosecutor. On 23 March, 2021, we were told that two of these three persons have consented for the Narco Analysis Test. If this be so, there was no reason for the learned Judicial Magistrate, Parner to once again issue notice to these persons, again seeking their consent.
5. Be that as it may, we express no opinion about the notice issued to the three persons. Now that the notice has been issued by the learned Judicial Magistrate First Class, it all depends upon whether any of these three persons gives a ::: Uploaded on - 06/04/2021 ::: Downloaded on - 04/09/2021 17:35:50 ::: 3 916- Cri. Appln. No. 2173-2019.odt consent for the test. The learned Judicial Magistrate, First Class, Parner, District Ahmednagar would deal with the said issue.
6. We are informed that the Narco Analysis Test is conducted at Mumbai and because of the Covid-19 restrictions, it is likely to take sometime. The learned Advocate for the applicants submits that four weeks time may be granted in this matter.
7. As such, list this application in the ' Urgent Admission Category' on 3rd May, 2021, to enable the learned prosecutor to apprise the Court about the progress made. (B.U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.) YSK/ ::: Uploaded on - 06/04/2021 ::: Downloaded on - 04/09/2021 17:35:50 :::