Disposed

Mr. Kashiram S/O Hariji Rewatkar v. State of Mah. Thr. Its Secretary Department of Home Mantralaya Mumbai 32 and Another

Bombay HC4 Dec 2023WP/858/2023

Case brief

AI extract

What is this about?

In a criminal writ petition, the petitioner sought direction for police to consider material adducing alibi defence of his son, despite completion of investigation and filing of charge sheet in a rape case. The court directed the Investigating Officer to consider the material, leaving the final decision to his discretion.

What did the court decide?

Directed the Investigating Officer to accept the material adduced by the accused and take appropriate decision if deemed fit.

Mr. Kashiram S/O Hariji Rewatkar Vs State of Mah… — Criminal Trial and Appeal | Bombay HC (2023)

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2023:BHC-NAG:16832-DB

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1 904-J-WP-858-23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

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CRIMINAL WRIT PETITION NO. 858 OF 2023

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PETITIONER :Mr. Kashiram S/o Hariji Rewatkar,
Age about - 67 years, Occup - Agriculturist,
R/o Tinkheda, Tq. Narkhed and
District Nagpur.

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V E R S U S

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RESPONDENTS : 1. State of Maharashtra

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 Through its Secretary,
 Department of Home, Mantralaya,
 Mumbai-32.

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2. State of Maharashtra, Through Police Station Officer, Police Station, Narkhed, Nagpur Rural, District Nagpur.

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3. Superintendent of Police, Nagpur Rural, Nagpur.

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4. Sub-Divisional Police Officer, Katol,
 District Nagpur.

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Shri R. R. Vyas, Advocate for petitioner.

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Shri M. J. Khan, Additional Public Prosecutor for respondent Nos.1 to 4.

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CORAM:-VINAY JOSHI AND

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M. W. CHANDWANI, JJ.
DATED : 04/12/2023.

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ORAL JUDGMENT : (PER VINAY JOSHI, J.) :

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1.Rule. Rule made returnable forthwith. Heard finally

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with the consent of learned counsel appearing for the parties.

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2.The offence punishable under Sections 376(2)(I) and

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506 of the Indian Penal Code has been registered against the

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2 904-J-WP-858-23.doc

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petitioner’s son vide Crime No.400/2023 with Police Station,
Narkhed, Dist. Nagpur.

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3. It is petitioner’s contention that the prosecutrix was

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deaf and dumb. At the time of alleged occurrence, the petitioner's
son (accused) was somewhere else meaning thereby, a plea of alibi
has been raised. Moreover, it is submitted that as per material
adduced even the victim was not at the place where it was alleged.
According to the petitioner, he has material to convincingly
establish that his son was not involved in the occurrence. For that
purpose, petitioner has applied to the Commissioner through
Superintendent of Police, Nagpur to consider the material sought
to be adduced while carrying investigation. It is submitted that the
said material was also brought to the notice of the Investigating
Officer, however, he has declined to consider. On such factual
background, it is petitioner’s urge to direct the concerned police to
consider the material, which petitioner seeks to adduce.

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4.Shri Vyas, learned counsel for petitioner would submit
that by the time, already charge sheet has been filed. However,
according to him, still the police can carry out further investigation
in terms of Section 173 (8) of the Code of Criminal Procedure, if
found it fit on the basis of material.

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3 904-J-WP-858-23.doc

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5.Shri Khan, learned APP opposed by submitting the
material sought to be adduced is purely a matter of defence which
can be adduced in the trial. Moreover, investigation is complete
and charge sheet has been filed.

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6.Shri Vyas, learned counsel relied on the decisions of
this Court inCriminal Application (APPP) No. 1346/2023 in
Criminal Application (APL) No.573/2022 dated 18/10/2023
(Nikhil Ashokrao Waghmare and others Vrs. The State of
Maharashtra and another)to substantiate his contention.

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7.In said decision, we have extensively dealt with the
issue whether the police can consider the material adduced by the
accused during the course of investigation and ultimately held that
the Investigating Officer shall accept the material and consider the
same while carrying investigation.

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8.Herein, the facts are somewhat different as already
investigation is complete and charge sheet has been filed.
However, sub-clause (8) of Section 173 of the Code of Criminal
Procedure starts with non-obstante clause emphasizing that the
power of police to carry out further investigation has not been
curtailed though charge sheet has been filed. Having regard to the
said fact, we direct the Investigating Officer to accept the material

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4 904-J-WP-858-23.doc

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adduced by the accused and take appropriate decision if he deems

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it fit. We make it very clear that it is totally discretion of the

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Investigating Officer to act or not to act on said material.

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9. Petition stands disposed in above terms.

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10. Inform the concerned accordingly.

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[M. W. CHANDWANI, J.] [VINAY JOSHI, J.]

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Choulwar

Mr. Kashiram S/O Hariji Rewatkar v. State of Mah. Thr. Its Secretary Department of Home Mantralaya Mumbai 32 and Another

Case brief

What is this about?

What did the court decide?

Mr. Kashiram S/O Hariji Rewatkar v. State of Mah. Thr. Its Secretary Department of Home Mantralaya Mumbai 32 and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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