Jafer Paigambar Patil and Anr. v. the State of Maharashtra
Case brief
What is this about?
This criminal appeal addressed the discrepancies regarding the destruction of Muddemal property in the Sessions Court after the High Court appeal was filed. The Court directed an inquiry to fix responsibility for the loss of evidence.
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPEAL NO.1322 OF 2003
Jafer Paigambar Patil and
Anr. ..Appellants
Vs.
The State of Maharashtra ..Respondent
Mr.Amin H.Solkar Advocate for the Appellants
Mrs.V.R.Bhosale, APP for the State
...
CORAM: R.M.S.KHANDEPARKAR, AND
SMT.V.K.TAHILRAMANI, JJ.
DATE : AUGUST 01, 2007
P.C.:
1. During the course of hearing of the Appeal, as
it was found appropriate to peruse the Muddemal
Property, enquiry in that regard with the Registry
was made. It was informed that Registry had not
received Muddemal Property in this case from the
Court of IInd Additional Sessions Judge, Solapur.
Registry was therefore, asked to communicate
telephonically to the Sessions Court at Solapur to
forward the Muddemal Property forthwith.
Consequent to that intimation, a communication is
received from the Court of Additional District and
Sessions Court at Pandharpur that Sessions Case
No.15 of 2002 was disposed of on 28th August, 2003
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and as the relevant register with the said Court
did not disclose any notice from this Court calling
for the records nor was there any intimation to the
said Court about filing of the Appeal in the High
Court against the said decision, the Muddemal
Property in Sessions Case No.15 of 2002 was
destroyed on 31st December, 2005.
Issues for consideration
2 issues framed by the court
To determine why Muddemal property in Sessions Case No.15 of 2002 was destroyed after the relevant High Court appeal was filed but the file was not forwarded by the Sessions Court.
To inquire into the responsibility of concerned officers for the improper destruction of Muddemal property.
Parties & counsel
- appellant
Jafer Paigambar Patil and Others
- respondent
State of Maharashtra
Coram
R.M.S.KHANDEPARKAR
Case details
As recorded by the court registry
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