Small bench disposed of a criminal writ petition filed regarding missing case papers. The court noted that the trial judge initiated an enquiry into the missing documents and kept issues open while allowing substantial prayers to fail.
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FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2067 OF 2012
Office Notes, Office
memorandum of Coram,
appearances, Court’s
orders or directions &
Registrar’s orders.
Court’s or
Judge’s orders.
Mr.Anand Mishra i/b Mr.A.M.Saraogi for the petitioner
Mr.K.V.Saste, A.P.P for the respondent-State
CORAM : A.S. OKA &
SMT.SADHANA S. JADHAV,JJ.
DATE :OCTOBER 22, 2012
P.C.:
1The learned APP has tendered for
our perusal the communication dated
10th September 2012 made by the learned
Trial Judge to the office of Public
Prosecutor. The same is taken on
recordandmarked`X'for
identification. It is stated that now
the papers of the case referred to in
prayer clause (a) of the petition have
been traced out.
2Hence, a substantial part of the
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main prayer made in this petition will
not survive.
3It goes without saying that the
learned trial Judge will cause
enquiry to be made as regards the
missing case papers. If any fault is
attributable to any specific member of
the staff, it is obvious that an
enquiry will have to be initiated
against the said member of the staff.
However, we keep all the issues in
that behalf open.
4 Subject to what is observed above, the petition is disposed of.(SMT.SADHANA S.JADHAV,J)(A.S.OKA,J)
2 issues framed by the court
Whether to dispose of a criminal writ petition seeking production of missing case papers.
Whether an enquiry needs to be dully initiated keeps open.
Mr.Anand Mishra
Mr.K.V.Saste
A.S. OKA
SADHANA S. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court