High Court dismissed the writ petition seeking a direction to file a supplementary report under Section 173(8) CrPC and a direction to the Magistrate for further evidence, holding such relief inappropriate at the stage of recording the accused's statement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 16 OF 2011.
Divyesh K. Kothari ...Petitioner
Versus
Mr Shailesh H. Kothari & others...Respondents
Mr Amit Sheth, Advocate for Petitioner.
Mr A.S. Gadkari, A.P.P. for State.
CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 3rd February, 2011.
P.C.
Officer to file supplementary report under Section 173 (8) of the Code of Criminal Procedure, to place on record additional material. The
other relief is for directing the Magistrate to permit the petitioner to give further evidence. Insofar as first relief is concerned, that cannot be countenanced considering the fact that the trial has been allowed to proceed on the basis of the charge-sheet already filed and it has now reached the stage of recording of statement of the accused under Section 313 of the Code of Criminal Procedure. At this stage, relief of
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directing the Investigating Officer to undertake further investigation cannot be countenanced.
3 issues framed by the court
Whether a writ petition can direct an investigating officer to file a supplementary report under Section 173(8) CrPC when the trial has proceeded on the existing charge sheet.
Whether a High Court in a writ petition can direct the Magistrate to permit the petitioner to give further evidence during the trial.
Whether the court can grant the relief to object to the restriction on recording evidence during the trial without a specific application to the trial court.
2 provisions across 1 enactments
Divyesh K. Kothari
Mr Shailesh H. Kothari & others
A.M. Khanwilkar
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
