Devraj Harsing Borse vs The State Of Maharashtra
2021 Latest Caselaw 16359 Bom

                                            38.WP-2282-2021.doc




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                   Writ Petition No. 2282 / 2021

     Devraj Harsing Borse                            ..    Petitioner
                    Versus.
     The State of Maharashtra                        ..    Respondent


                             ****

Mr. Aaditya A. Gore, Advocate for the Petitioner. Mr. A.D. Khamkhedkar, APP for State.

                                  ****

                               CORAM    :   SANDEEP K. SHINDE J.
                                DATE    :    25th NOVEMBER,2021.

     P.C. : -

1. Petitioner was Investigating Officer in Crime

No. 357/2016, which culminated into Sessions Case

No. 287/2016.

2. The learned Additional Sessions Judge in

judgment in the aforesaid Sessions Case, has made

certain adverse remarks against the Investigating

Officer in Paragraph Nos. 73, 77, 78, 79, 80 and 82.

Najeeb.. 1/2

38.WP-2282-2021.doc

3. Petitioners' case is that the adverse remarks

are contrary to evidence and statements of witnesses

on record. Petitioner therefore, seeks direction or

order to expunge the adverse remarks made against

the him in the aforestated judgment delivered in the

Sessions Case No. 287/2016. Petitioner has tendered

a chart showing that adverse remarks,

particularizing; as to how adverse remarks are

contrary to each of the remarks.

4. Mr. Khamkhedkar, learned Prosecutor shall verify

the statement of the witnesses in context of remarks

made in the judgment and submit his reply within two

weeks from today. He shall forward a copy of his

reply to the learned Counsel for the Petitioner,

before the due date of hearing.

5. List the petition for consideration on 4th

January, 2022.

                         Digitally signed by
              MOHAMMAD   MOHAMMAD
              NAJEEB     NAJEEB
                         MOHAMMAD
                                                     (SANDEEP K. SHINDE, J.)
              MOHAMMAD   QAYYUM
              QAYYUM     Date: 2021.11.27
                         15:40:09 +0530

Najeeb..                                                                                 2/2