Petition through jail sought a NARCO test on the complainant of C.R. No.341/2021 and a CID inquiry into the complainant. The court rejected both: a NARCO test cannot be directed on a complainant, and the petition lacked grounds for a CID inquiry. Petition dismissed.
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Digitally signed by NISHA NISHA SANDEEP SANDEEP CHITNIS CHITNIS Date: 2024.03.21 15:46:58 +0530
903-wp.3599.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3599 OF 2022 (THROUGH JAIL)
Maloji Dhanyakumar Darade …Petitioner Versus State of Maharashtra ...Respondent
Mr. Shailesh A. Chavan, Appointed Advocate for the Petitioner.
Ms. P. P. Shinde, A.P.P for the Respondent – State.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATE : 21st MARCH 2024
P.C. :
conducting NARCO test of the complainant in C.R. No.341 of 2021 and also for making CID inquiry of the complainant.
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N. S. Chitnis
903-wp.3599.2022.doc
since charge-sheet has been filed in C.R. No.341 of 2021 (lodged by the complainant). She submits that even otherwise, the petitioner has been released on the bail, after filing of the aforesaid petition, i.e. on 15th September 2022.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
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N. S. Chitnis
2 issues framed by the court
Whether the complainant in C.R. No.341 of 2021 can be subjected to a NARCO test at the accused-petitioner's instance.
Whether a CID inquiry against the complainant was warranted.
Maloji Dhanyakumar Darade
State of Maharashtra
Revati Mohite Dere
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
