Shubham Satyaniwas Arjunwar And ... vs State Of Mah. Thr. Pso Ps Wathoda ...
2021 Latest Caselaw 9972 Bom

                                            1/3                       18-Cr. WP 532.2021

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

                  CRIMINAL WRIT PETITION NO. 532 OF 2021
                     Shubham Satyaniwas Arjunwar and anr.
                                      vs.
                            State of Maharashtra
----------------------------------------------------------------------------------------------

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

----------------------------------------------------------------------------------------------

Mr. Bhutada, Advocate for petitioners. Ms. S. Z. Haider, APP for sole respondent.

                                             CORAM       :     MANISH PITALE J.
                                             DATE        :     29/07/2021

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

2. This petition was taken on board upon mentioning due to extreme urgency projected on behalf of the petitioners.

3. It is pointed out that the matter is listed today before the trial Court and that by this petition the petitioners are challenging filing of supplementary charge-sheets by the prosecution after

KOLHE

2/3 18-Cr. WP 532.2021

charges already stood framed and the evidence of witnesses was being recorded.

4. Hence, the petition was taken on board.

5. Heard Mr. Bhutada, learned counsel appearing for the petitioners. He submits that in the first place, the exercise of power under Section 173(8) of the CrPC after framing of charges on 23/06/2021, itself was improper. It was brought to the notice of this Court that the trial Court in the present case failed to appreciate that aspect of the matter and permitted filing of two supplementary charge-sheets on 23/06/2021 and 15/07/2021, after the charge was already framed on 23/06/2021. It is further submitted that as many as 11 witnesses are already examined and that in this situation, the trial Court ought not to have permitted filing of supplementary charge-sheets and consequent directions to take on record certain documents and to examine further witnesses.

6. It is further submitted that a perusal of the applications moved on behalf of the prosecution in the context of placing on record supplementary charge-sheets, examining witnesses not cited in the original charge-sheet and seeking to place documents

KOLHE

3/3 18-Cr. WP 532.2021

on record, do not divulge any reasons as to why such applications ought to have been permitted by the trial Court. Yet, the trial Court has permitted not only filing of supplementary charge-sheets, but taking on record documents and examining further witnesses.

7. Reliance is placed on the judgment of the Hon'ble Supreme Court in the case of Vinubhai Haribhai Malviya vs. State of Gujrat, 2019(17)SCC 1.

8. Issue notice for final disposal, returnable in the week commencing 2nd August, 2021. Ms.Shamsi Haider, learned APP waives notice on behalf of sole respondent.

9. Further proceeding before the trial Court shall be subject to the result of the present writ petition.

JUDGE

KOLHE