Bombay High Court
Mohit S/O Rajkumar Shahu vs State Of Mah, Thr Home Department, ... on 23 August, 2023
Author: Vinay Joshi
Bench: Vinay Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 397 OF 2019
MOHIT S/O RAJKUMAR SHAHU
Vrs.
STATE OF MAHARASHTRA AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri R. P. Joshi, Advocate for petitioner.
Shri M. K. Pathan, A. P. P. for respondent Nos.1 to 3.
CORAM: VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATE : 23/08/2023.
1. Heard.
2. In continuation of our earlier order dated 07/08/2023, we deem it necessary to modify and make a comprehensive order for sending CCTV footage to the expert named in Paragraph No.3 of the order dated 07/08/2023 i.e. Central Forensic Science Laboratory, Hyderabad (CFSL).
3. Learned APP had tendered a Pen Drive containing CCTV footage, which was obtained from Nagpur Smart City Sustainable Development Corporation Limited along with certificate under Section 65(b)(4) with Hash Value Certificate.
4. Both sides are unanimous to send the said Pen Drive for examination along with both certificates. 2 903-WP-397-19.odt
5. We may clarify that the parties are not in dispute about the genuineness of CCTV footage of three cameras contained in the Pen Drive, but dispute the identity of some persons seen therein.
6. In order to facilitate the examining authority, certain questions have been formulated pertaining to the three CCTV cameras. We have also obtained photographs of the persons to be identified namely; Mohit Shah Photograph (Article-A), Mayur Fulzele Photograph (Article-B) and Amir Malik Photograph (Article-C). The three photographs shall be forwarded to the CFSL for examination and calling for a report which shall answer the following questionnaire :-
I. Camera at Kanji House Chowk FC01 Timings.
1. At point 19:06:04 to 19:06:05. Whether the person crossing the road on a white coloured two-wheer is Mohit Shahu or Mayur Fulzele ?
2. Whether the white coloured two-wheeler vehicle the person is driving is an Activa or Access two-wheeler ?
3. At Point 19:06:10. Whether the person parking the white coloured two-wheeler in the corner is Mohit Shahu or Mayur Fulzele ?
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4. At Point 19:06:13 to 19:06:14. Whether the person coming on a motor cycle, stopping in the corner and talking with the above person is Amir Malik ?
5. At Point 19:06:20 to 19:08:16. Whether the person being beaten is Mohit Shahu or Mayur Fulzele ?
6. At Point 19:08:16 to 19:09:22. Whether the person being caught/held by two persons and being taken to some distance on foot and being brought back on foot on the same road, is Mohit Shahu or Mayur Fulzele ?
7. At Point 19:09:32 to 19:09:58. Whether the person being held by two men who make him sit on the left side rear seat of a Chevrolet Beat Car is Mohit Shahu or Mayur Fulzele ?
8. At Point 19:10:06 to 19:10:08. Whether the registration number of the White two-
wheeler can be identified ?
II. Camera at Kanji House Chowk FC 03 Timings.
1. At Point 19:07:54 to 19:08:02. Whether the person seen driving one white two-wheeler vehicle is Mohit Shahu or Mayur Fulzele ?
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2. At Point 19:11:47 to 19:11:51. Whether the person seen being made to sit on the left side rear seat of a Chevrolet Beat Car is Mohit Shahu or Mayur Fulzele ?
III. Camera at Kanji House Chowk FC 04 Timings.
1. At Point 18:56:32 to 19:08:00. Chevrolet Beat Car can be seen coming. Two persons coming on a motor cycle and motor cycle being parked. Both get down. The person who was riding the motor-cycle goes somewhere nearby and comes back & can be seen smoking a cigarette and talking on mobile phone and walking here and there. Then he starts his motorcycle and goes away. Whether this person is Amir Malik ?
7. The Registry to seal the Pen Drive and send it to the Expert, CFSL along with the three photographs and this order. The Pen Drive is today handed over to the Sheristedar of this Court. For the sake of convenience, Registry shall enquire with the CFSL, Hyderabad about their charges for undertaking the analysis and submission of their report. Such charges shall be deposited by the petitioner within five days of the Registry informing him, after which the material for examination shall be sent by the Registry to the CFSL.
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8. The authority is requested to file its report before this Court and return the Pen Drive / Photographs within four weeks from the receipt thereof.
9. Matter shall stand over to 09/10/2023.
[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 25/08/2023 10:30:00