Samit Akhilesh Yadav vs The State Of Maharashtra
2022 Latest Caselaw 5563 Bom

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LAXMIKANT   by LAXMIKANT
            GOPAL
GOPAL       CHANDAN
CHANDAN     Date: 2022.06.17                                              (2) wp-2278.16.odt
            15:30:33 +0530




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                           CRIMINAL WRIT PETITION NO. 2278 OF 2016
                                            WITH
                             CRIMINAL APPLICATION NO.362 OF 2016
                                             IN
                            CRIMINAL WRIT PETITION NO.2278 OF 2016
            Samit Akhilesh Yadav                            : Petitioner.
                  Versus
            The State of Maharashtra                        : Respondent.

Through Jail - None for the Petitioner.

Mr. Y M Nakhwa, APP for the Respondent/State.

                                    CORAM :      S. S. SHINDE,
                                                 MILIND N. JADHAV, JJ
                                    DATE     :   17th June 2022
            P.C.

            1            Heard the learned APP appearing for the Respondent/State. At the

outset the learned APP, on instructions, submits that the present Petitioner

along with other two co-accused have been convicted for the offence

punishable under Sections 498A, 302 r/w 34 of the Indian Penal Code.

2 It appears that there was full-fledged trial and the Trial Court

convicted the Petitioner and other two co-accused. The grievance raised by the

Petitioner that, the mobile possessed by his deceased wife were seized by the

police, however, the same was not produced before the trial court to prove the

chain of circumstances. It is also alleged that the other material was not

collected by the concerned Investigating Officer for proper investigation.

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                                                               (2) wp-2278.16.odt

Considering the aforesaid submission of the learned APP that the present

Petitioner and other two co-accused have been convicted by the trial Court,

the prayer of the Petitioner to entertain this Petition, does not subsist. The

Petitioner would be free to agitate the said grievance before the Appellate

Court, in case, the Petitioner had preferred an Appeal being aggrieved by the

judgment and order passed by the Trial Court. In that view of the matter, we

are unable to persuade ourselves to grant any relief. Hence the Writ Petition

stands disposed of.

3 In view of disposal of the Writ Petition, Criminal Application

No.362 of 2016 does not survived and the same is disposed of accordingly.

4 The Registry shall send a copy of this order to the concerned

competent authorities who in turn shall communicate the same to the

Petitioner.

[MILIND N. JADHAV, J]                                  [S. S. SHINDE , J]




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