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2022 DAILYLAW 2694 (BOM)

SUDHIR VISHWANATH HONDE v. THE STATE OF MAHARASHTRA AND OTHERS

WP/1122/2022 · 2026-04-24

Shri Abasaheb D Shinde, Shri Sandipkumar C More

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

968-WP-1122-22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1122 OF 2022 Sudhir Vishwanath Honde ..PETITIONER VERSUS State of Maharashtra and Others ..RESPONDENTS .... Mr. A.A. Khande, Advocate for petitioner Ms. V.N. Patil Jadhav, A.P.P. for respondents .... CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ. DATE : 11th JUNE, 2024 PER COURT : 1. The petitioner is granted liberty to amend the petition by adding Respondent Nos. 3 and 4 in their personal capacity. After amendment is carried out, issue notice to Respondent Nos.3 and 4, returnable on 23rd July, 2024. 2. Present petition has been filed with following prayers :- “(A) The Record and Proceedings of the case may kindly be called for. (B) The Criminal Writ Petition may kindly be allowed. (C) By issuing a writ of mandamus or any other appropriate writ, order or directions in the like nature, the Respondent No.3 may kindly be directed to hand over the investigation of Crime No. 0283/2022 registered with Gondi Police Station, Dist. Jalna to Local Crime Branch, Jalna and for that purpose issue necessary orders. (D) By issuing a writ of mandamus or any other appropriate writ, order of directions in the like nature, the Respondent No.2 may kindly be directed to preserve the CCTV footage 1 / 2 968-WP-1122-22.odt of Gondi Police Station, Dist. Jalna dated 25/07/2022, 27/07/2022, 28/07/2022, 30/07/2022 and 31/07/2022. (E) By issuing a writ of mandamus or any other appropriate writ, order of directions in the like nature, the Respondent No.2 may kindly be directed to take departmental action against the Respondent No.3 and 4 for not registering the crime from 25/07/2022 to 31/07/2022 and for that purpose issue necessary orders. (F) Pending hearing and final disposal of this Criminal Writ Petition, the Respondent No.2 may kindly be directed to preserve the CCTV footage of Gondi Police Station, Dist. Jalna dated 25/07/2022, 27/07/2022, 28/07/2022, 30/07/2022 and 31/07/2022. (G) Ad-interim relief in terms of prayer clause “F” may kindly be granted. (H) Any other suitable and equitable relief which this Hon’ble court may deem fit in the peculiar facts and circumstances of the case, may kindly be granted in favour of present petitioner.” 2. It is fairly submitted by learned counsel for the petitioner that since the Investigating Officer has been transferred, prayer clause (C) has become infructuous. He submits that as far as prayer clause (D) is concerned, this Court vide order dated 14th October, 2022 has directed to preserve the CCTV footages of the period from 25-07-2022 till 31-07-2022 and they are preserved. 3. In view of above, criminal writ petition stands disposed of to the extent of prayer clauses (C) and (D) only being complied with. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2