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Ahmed Khan S/O. Amin Khan v. the State of Maharashtra

Bombay HC4 Aug 2021WP/658/2021

Case brief

AI extract

What is this about?

The High Court directed the Investigating Officer to trace the CCTV vendor at the school to retrieve relevant footage under the POCSO Act, following the Special Court's failure to comply with prior writ directions despite technical difficulties.

What did the court decide?

Direction given to the Investigating Officer to trace the CCTV installation vendor and retrieve relevant footage data with the assistance of panchas.

Ahmed Khan S/O. Amin Khan Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2021)

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915.WP.658.21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.658 OF 2021

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AHMED KHAN S/O. AMIN KHAN
VERSUS
THE STATE OF MAHARASHTRA

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Advocate for Petitioner : Mr. Kuldip Kahalekar h/f Mr. Ghanekar Nilesh S.
APP for Respondents/State: Mrs. R.P. Gaur

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CORAM: MANGESH S. PATIL, J.

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DATE: 04.08.2021

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PER COURT :

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After having heard both the sides it appears that the petitioner
is facing a trial inter alia for the offence punishable under the Protection of
Children From Sexual Offences, Act. He is an employee of the school and
the incident is alleged to have taken place in the precincts of the school.

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2.It was informed that the C.C.T.V. cameras have been installed in

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the school premises. The petitioner had sought a copy of its footage. Since
his such request was not considered by the Special Court he had approached
this Court by filing Criminal Writ Petition No.1099/2019. By the order
dated 01.10.2019 the Writ Petition was disposed of with a direction to the
prosecution to provide a copy of a C.C.T.V. footage that was collected from
the school to the petitioner of the relevant period.

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3.It appears that by the impugned order, the learned Special
Judge having expressed her inability to implement this direction has now

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915.WP.658.21.odt

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decided to proceed with the trial disposing of the application of the
petitioner (Exhibit-143) whereby he had sought to retrieve the hard drive
and download the footage from some other devices.

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4.A careful perusal of the impugned order would indicate that
some attempts were made by the Special Court to comply with the
directions of this Court in Writ Petition No.1099/2019. However, finding
that the data could not be retrieved because of some technical difficulty
pointed out by the employees of the Computer Section of the District Court
that the request of the petitioner to retrieve it by installing the hard drive in
some other device was rejected.

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5.Taking into account all the aforementioned facts and
circumstances it would be appropriate to direct the Investigating Officer to
trace out the person/the firm/vendor which installed the C.C.T.V. cameras
and the connected paraphernalia at the concerned school and then to try to
retrieve the data of the relevant period with his assistance in presence of
Panchas.

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6.With this direction, the Writ Petition is disposed of.

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 (MANGESH S. PATIL, J.)

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habeeb

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Ahmed Khan S/O. Amin Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ahmed Khan S/O. Amin Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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