Disposed¶22

Asif Akbar Khan v. State of Maharashtra

Bombay HC16 Oct 2025APL/1111/2025

Case brief

AI extract

What is this about?

Discharge application procedure before Special Judge; Investigating Officer allowed fresh submissions after rejoinder and sur-rejoinder arguments; order dated 30-09-2025; procedure per Code of Criminal Procedure 1973 / Bharatiya Nagarik Suraksha Sanhita 2023; Criminal Application No. 1111 of 2025; Bombay High Court; Coram N. J. Jamadar, J.; Asif Akbar Khan v. State of Maharashtra; decided 16-10-2025; matter posted 30-10-2025; application disposed; order corrected per order dated 7/11/2025.

What did the court decide?

Application disposed with a request to the learned Special Judge to hear and decide the discharge application in conformity with the procedure prescribed in the Code of Criminal Procedure, 1973/Bharatiya Nagarik Suraksha Sanhita, 2023; the matter stood posed for 30th October 2025. ¶22

Asif Akbar Khan vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the procedure adopted by the learned Special Judge in hearing the discharge application — permitting the Investigating Officer to make fresh submissions after arguments in rejoinder and sur-rejoinder — conformed with the prescribed procedure. +1 more

¶14

Court's answer

The learned Special Judge is requested to hear and decide the discharge application in conformity with the procedure prescribed in the Code of Criminal Procedure, 1973/the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶21

Ratio / Principle

The order dated 30th September 2025 does not indicate that the learned Special Judge allowed production of documents at the instance of the Investigating Officer; the applicant appears aggrieved by certain observations purportedly made while hearing the discharge application.

¶15

Detailed headnote1 paragraphs

Bombay High Court (N. J. Jamadar, J.), Criminal Application No. 1111 of 2025 — Asif Akbar Khan v. State of Maharashtra (Oral Order, 16-10-2025): The applicant was aggrieved by the procedure adopted by the learned Special Judge in hearing his discharge application, namely that after arguments of the Public Prosecutor and the accused's advocate in rejoinder and sur-rejoinder, the Investigating Officer was allowed to make fresh submissions. Perusing the Special Judge's order dated 30-09-2025, the Court observed it did not indicate any permission for production of documents at the Investigating Officer's instance, the grievance apparently resting on certain observations made during the hearing. The Court requested the learned Special Judge to hear and decide the discharge application in conformity with the procedure prescribed in the Code of Criminal Procedure, 1973/the Bharatiya Nagarik Suraksha Sanhita, 2023, the matter having been posed for 30-10-2025, and disposed of the application. Order corrected as per order dated 7/11/2025.

Asif Akbar Khan v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Asif Akbar Khan v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Uflex Ltd. Thr. Siddharth Supervisor (Legal) vs D.R. Coats Ink and Resins Pvt. Ltd.

Neelkamal Realtors Suburban Pvt. Ltd. vs Jagdish Bhoja Shetty and Dipti J. Shetty

Sudhir Joshi S/O Suresh Joshi vs Rajesh Khandelwal and Ors.

Ashwin Nathubhai Mistry and Ors. vs the State of Maharashtra Thr Govt Pleader and Ors.

M/S Sumit Properties Throu. Partners vs State of Maharashtra Throu. the Principal Sec. Ministry of Cooperation and Marketing and Ors.

Asif Akbar Khan vs State of Maharashtra