1.appln.49.26 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Cri.Application [APPP] No.3216/2026 in Criminal Application [APPLN] No.49/2026 Santosh s/o Shamrao Kakad vs. The State of Maharashtra, through Police Station Officer, P.S. Bibi, Dist. Buldana and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.J. Thakkar, Advocate for the Applicant. Mr. D.V. Chauhan, Public Prosecutor & Senior Advocate a/b Mr. H.D. Dubey, A.P.P. for Non-Applicant No.1. Mr. R.B. Gite, Advocate for Non-Applicant No.2 through V.C. CORAM : Y.G. KHOBRAGADE, J. DATE : 29 th SEPTEMBER, 2 026. Heard Mr. D.V. Chauhan, learned Public Prosecutor and Senior Counsel appearing for non-applicant No.1, at length. 02. By the present application, the prosecution seeks recall of the order dated 23/09/2026 passed by this Court. It is contended that since beginning, learned A.P.P Mr. H.D. Dubey is appearing for the prosecution. On 03/09/2026 and 23/09/2026, due to illness, the learned A.P.P. could not appear and, therefore, the matter was assigned to another A.P.P., who did not notice the order dated 14/08/2026 of this Court of obtaining the details of the IMEI numbers of the mobile phone allegedly used by non-applicant No.2/accused while committing the crime. 03. According to the learned Public Prosecutor, non-applicant No.2/accused was released on anticipatory bail on the condition that he shall produce the mobile phone bearing IMEI Nos.911651652056324 and 911651652056332. Accordingly, the Investigating Officer drew a seizure panchnama to that effect. Thus, the Investigating Officer complied with the order dated 14/08/2026 passed by this Court. However, for want of proper communication, the said information was not brought to 2026:BHC-NAG:12992 1.appln.49.26 2/2 the notice of this Court, which resulted in the passing of the order dated 23/09/2026. 04. Considering the grounds set out in the application and the fact that the mobile phone, which was allegedly used in commission of the crime, has already been seized, I am of the view that the order dated 23/09/2026 insofar as it relates to the initiation of action under Section 10 of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, deserves to be recalled and is accordingly recalled. 05. The application stands allowed and disposed of. 06. Stand over to 7th October, 2026. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 30/09/2026 18:56:55