Petitioner, mother of deceased, sought fresh investigation into Sections 306 and 498A IPC offence alleging prosecution failed to seize internet chat records. Court dismissed petition as charge-sheet filed and trial commenced with no exceptional circumstances.
Petition dismissed with no order as to costs.
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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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL WRIT PETITION NO. 1117 OF 2013
Mrs. Nalini Balasaheb Gade.
... Petitioner.
V/s.
The State of Maharashtra and Ors.
... Respondents.
Mr. R.V. Bansode for the Petitioner. Mr. A.S. Gadkari, APP for the State.
CORAM : P.V. HARDAS & MRS. MRIDULA BHATKAR, JJ.
APRIL 18, 2013.
P.C. :-
This is a Petition at the instance of the Petitioner/mother of the deceased lady who seeks investigation afresh in respect of the offence which is registered at Crime No.586 of 2010 registered by the Satara Police Station for offence punishable under Sections 306, 498A r/w. 34 of the Indian Penal Code.
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WP 1117.13.sxw
there was an internet chatting between the victim and her husband. According to the learned Counsel for the Petitioner, the prosecution had made no attempts at seizing the relevant records and for obtaining a copy of the internet chatting between the victim and her husband and consequently, the prosecution would be badly hampered in proving the aforesaid offence.
(MRS. MRIDULA BHATKAR, J.) (P.V. HARDAS, J.)
2 issues framed by the court
Whether investigation should be ordered afresh due to unavailability of internet chat records between the victim and husband after charge-sheet was filed.
Whether exceptional circumstances exist for re-initiating investigation into the offence punishable under Sections 306 and 498A IPC.
1 provisions across 1 enactments
Mrs. Nalini Balasaheb Gade
The State of Maharashtra
P.V. Hardas
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
