The High Court of Bombay, hearing a writ petition regarding access to CCTV footage, held that the petitioner's inability to obtain the footage did not warrant further investigation directions. The court disposed of the petition by leaving avenues open for summoning relevant materials during the trial.
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.
1
wp65-13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.65 OF 2013
Jamshed Edulji Dastoor .. Petitioner Versus State of Maharashtra & Ors. .. Respondents
Ms.Shivani Kunder for petitioner Mr.K.V.Saste, APP for State Mr.Nainesh Amin for respondent No.4
CORAM : S. C. DHARMADHIKARI & G.S. PATEL, JJ Date : 24th September 2013.
P.C.:
1] After hearing Mrs.Kunder, we do not think that any further directions can be issued in addition to those issued on 3rd September 2013. That the petitioner finds herself in a peculiar position and after being unable to obtain the C.C.tv footage for
the entire day does not mean that in relation to the same crime
we should order I.O. to investigate further and by calling upon the bank to produce such footage. The petitioner during the course of trial can always depose and point out before the trial
2 wp65-13.doc
court that such footage or other materials are relevant and should be summoned so that the petitioner would be in a position to substantiate and prove her case with regard to participation of other persons. Keeping all such avenues and contentions open, we dispose of this petition.
(S. C. DHARMADHIKARI, J)
(G.S. PATEL, J)
2 issues framed by the court
Whether the High Court should have issued further directions to the Investigating Officer to obtain CCTV footage beyond what was already ordered.
Whether the inability of the petitioner to obtain CCTV footage for the entire day warrants an order for further investigation.
Jamshed Edulji Dastoor
State of Maharashtra
S. C. DHARMADHIKARI
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
