Vinit Ramkrishna Mahajan v. the State of Maharashtra and Anr.
Case brief
What is this about?
criminal writ petition challenging the dismissal of an application seeking additional evidence under Sections 391 and 311 CrPC. The court held that the petition was dismissed as the rejected application was rejected without perversity and allowing it was not a disguised retrial.
What the court decided
rpa 1/10 904-wp-1048-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1048 OF 2017
Dr.Vinit Ramkrishna Mahajan .. Petitioner Vs. The State of Maharashtra & Anr. .. Respondents
Mr.Shekhar Jagtap a/w. Sairuchita Choudhary I/b. M/s.J. Shekhar & Co., Advocate for the Petitioner. Ms.R.M. Gadhavi, APP for the Respondent No.1–State. Mr.R.M. Pethe, Advocate for Respondent No.2.
CORAM : PRAKASH D. NAIK, J.
DATED : AUGUST 16, 2018.
P.C. :
In this petition, the petitioner has challenged the order dated 9th March, 2016, passed by the Sessions Court, rejecting application under Sections 391 and 311 of the Code of Criminal Procedure.
2 The petitioner was prosecuted for the offences under the Prevention of Corruption Act for contravention of the provisions under Section 4(3), 19(4), 23, 25 and 28 of the PCPNDT Act (hereinafter referred to as “the said Act”, for short) and under Rules 6(2), 9(1), 9(4), 9(6), 9(8), 18(v) and 18(ix) of the PC-PNDT Rules, 1996 (hereinafter referred to as “the said Rules”, for short).
Issues for consideration
2 issues framed by the court
Whether the High Court should have set aside the Sessions Court's rejection of the petitioner's application for additional evidence under Section 391 Cr.P.C.
Whether the claim for introduction of new evidence under the amended PC-PNDT Act amounts to filling lacunas or constitutes a disguised retrial.
Parties & counsel
- petitioner
Dr. Vinit Ramkrishna Mahajan
- respondent
The State of Maharashtra
- respondent
Respondent No.2
Coram
Case details
As recorded by the court registry
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