Investigating officer was obstructed from filing a charge sheet in a juvenile case despite two High Court orders. The court condemned the conduct of the Bhiwandi Juvenile Court clerk and registry and directed the Principal District Judge, Thane to inquire into their conduct and the court's administration within a week.
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35-APL-1115-2023.doc
sns
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1115 OF 2023
WITH
INTERIM APPLICATION NO.1121 OF 2024
XYZ through Nitin Satish Sharma
…..Applicant
Vs.
The State Of Maharashtra & Anr. …..Respondents
Ms. Sakshi Mane, i/by Mr. Rajeev Sawant & Associates, for the Applicant. Mr. Vinod Chate APP, for Respondent No.1-State. Mr. Akshay Dunde, for Respondent No.2.
CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 13th JUNE, 2024.
P.C.:-
December 2023 passed by our predecessor, the Investigating Agency was permitted to file the charge sheet on completing investigation, as early as possible. The concerned officer from the Investigating Agency had been to the Juvenile Court, Bhiwandi, District Thane to file the charge sheet, however the concerned clerk present there, refused to accept the same on the ground that the juvenile in conflict with law was not present and he insisted the presence of the juvenile in conflict with law. The said fact was
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brought to the notice of this Court and by an Order dated 8th April 2024, this Court gave liberty to the Investigating Officer to file charge sheet before the Juvenile Court, without insisting for the presence of the concerned juvenile in conflict with law. The said Order clearly expected the staff of the concerned Court and the learned Presiding Judicial Officer to accept the charge sheet in the absence of juvenile in conflict with law.
On 12th June 2024 Mr. Suraj Raut, PSI attached to Sanpada Police Station filed a detailed Affidavit. The Affidavit is self-eloquent and clear and needs no further explanation. Prima facie, it appears to us that the clerk Mr. Sudhir Pawar attached to Juvenile Court at Bhiwandi has blatantly flouted the Orders passed by this Court. He has displayed total disregard for our Orders. It is unfortunate to note that even the Presiding Officer of that Court namely Smt. Seema Ghute is either oblivious to the orders passed by this Court or has feigned deliberate ignorance thereto. We strongly condemn this conduct of Mr. Pawar and find the conduct of the
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Registry of the said Court disgraceful. It clearly amounts to interference in the smooth administration of criminal justice. It also appears to us that the Presiding Judicial Officer has no control over her Court and, therefore her role also needs to be examined by the Principal District Judge.
The inquiry be completed within a period of one week from the receipt of present order.
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(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.)
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Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 14/06/2024 18:59:14
1 issue framed by the court
Whether the Juvenile Court staff at Bhiwandi flouted the High Court's orders by refusing to accept the charge sheet without the juvenile's presence, and what action should be taken.
1 provisions across 1 enactments
XYZ through Nitin Satish Sharma
The State Of Maharashtra
Anr. (Respondent No.2)
A. S. Gadkari
Dr Neela Gokhale
As recorded by the court registry
7 orders share this CNR
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