Disposed

Abdul Gaffar S/O Shanaaz Shaikh v. the State of Maharashtra

Bombay HC21 Nov 2014BA/2264/2014

Case brief

AI extract

What is this about?

On an affidavit round-up regarding the circular dated 20.11.2014 issued by the Home Department for strict compliance of CrPC provisions and the inclusion of dying declarations in charge-sheets, which was directly addressed by the court.

What did the court decide?

Application disposed of based on the affidavit confirming the Home Department's circular directions regarding charge-sheet contents and CrPC compliance.

Abdul Gaffar S/O Shanaaz Shaikh Vs the State… — Civil Procedure and Limitation | Bombay HC (2014)

¶1

¶2

912.ba2264.14.sxw

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL BAIL APPLICATION NO. 2264 OF 2014

¶5

Mr. Abdul Gaffar s/o. Shanaaz Shaikh. ... Applicant. Versus The State of Maharashtra. ... Respondent.

¶6

Mr. Fatima Khan i/b Mr. A.M. Saraogi, advocate for Applicant.

¶7

Ms. P.P. Shinde, APP for State.

¶8

Mr. Suresh Khade, Dy. Secretary, Home Department, Pol 11,12, 13.

¶9

CORAM : SMT.SADHANA S. JADHAV,J DATE : NOVEMBER 21, 2014

¶10

P.C.:

¶11

1 Heard the learned APP for State. The Secretary, Home Department, Government of Maharashtra has filed an affidavit contending therein that the Home Department vide circular dated 20^th November, 2014 has given clear directions to all Commissioners of Police and Superintendents of Police in Maharashtra for ensuring strict compliance of the provisions of Section 157 of the Code of Criminal Procedure, 1973. The statement made on oath is accepted.

¶12

2 The Deputy Secretary, Home Department is present in the court. It is also submitted that the department would ensure that the copies Talwalkar 1/3

¶13

2 912.ba2264.14.sxw

¶14

of Dying declarations, medical case papers and reports of test identification parade would be included in the charge-sheet.

¶15

3 Perused the circular issued on 12^th November, 2014. There are certain typographical errors in the circular which would be modified forthwith and it shall be simplified and informed to all police stations that proforma under Section 154 of the Code of Criminal Procedure, 1973 making out cognisable cases will be sent to concerned Magistrate forthwith.

¶16

4 The Court is hopeful that the circular and the contentions in the affidavit filed by the Home Department would be followed in letter and spirit. The Court is also hopeful that breach of the directions issued in the circular would entail concerned officer to strict departmental action. The application is disposed of accordingly.

¶17

5 Copy of the affidavit and circular dated 12/11/2014 is taken on record and marked as Article 'X' collectively for the purpose of identification.

Talwalkar

2/3

912.ba2264.14.sxw

( SMT. SADHANA S. JADHAV , J)

¶23

3/3

¶24

Talwalkar

Abdul Gaffar S/O Shanaaz Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Abdul Gaffar S/O Shanaaz Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Subhash Kisan Bansode and Anr. Vs the State of Maharsahtra

Subhash Kisan Bansode and Anr. Vs the State of Maharsahtra

Vinod Maruti Ijare Vs the State of Maharashtra

Ganpat Dharma Rasal Vs the State of Maharashtra

Ghanshyam Shantaram Dethe Vs the State of Maharashtra

Mohd Sohel Mohd Narul Huq Vs the State of Maharashtra