Keshav Dakre And Another vs The State Of Maharashtra, Thr. Pso ...
2021 Latest Caselaw 8828 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APL) NO. 558 OF 2021

                        Keshav Dakre and another
                                   vs.
   State of Maharashtra through PSO PS Shegaon (Bk.) Dist.Chandrapur
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. S. V. Sirpurkar, Advocate for applicants. Mr. A. R. Chutke, APP for sole respondent.

                                         CORAM         :       MANISH PITALE J.
                                         DATE          :       06/07/2021

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard learned counsel for the applicants.

The contention raised on behalf of the applicant is that the effect of the impugned order is that it virtually amounts to reviewing an earlier order dated 19/09/2019, passed by the very same Court, whereby a specific prayer for examining the handwriting expert had been declined. It is submitted that power under Section 311 of the Criminal Procedure Code

KOLHE

2/2 03-APL558.2021

could not have been exercised by the Court below in the facts and circumstances of the present case.

3. Issue notice for final disposal, returnable on 29th July, 2021.

4. In the meanwhile, proceedings may continue before the Court below, but judgment shall not be rendered.

JUDGE

KOLHE