Citation : 2023 Latest Caselaw 2340 Bom
Judgement Date : 10 March, 2023
2-revn63-2023.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.63 OF 2023
Gautami Amol Todkar ... Applicant
V/s.
The State of Maharashtra & Anr. ... Respondents
Mr. Saleel Borwandkar & Mr. Santosh Wagh for the
applicant.
Mr. Arfan Sait, APP for the respondent/State.
Mr. Ashok Sutar, PSI, Dr. D.B. Marg Police Station.
CORAM : AMIT BORKAR, J.
DATED : MARCH 10, 2023 P.C.:
1. The application is by the informant/victim challenging order dated 14th February 2023, passed by the learned Metropolitan Magistrate, 18th Court, Girgaon Mumbai, rejecting the application seeking direction to produce certificate under section 65B of the Evidence Act, 1872 as regards CDR and for recalling of competent officer in support of eloquent on evidence.
2. The first information report for offences under section 507 and 509 of the Indian Penal Code, 1860 was registered against the accused persons. That application has been rejected. Prima facie, it appears that the issue is covered by the judgment of the Apex Court in the Case of State of Karnataka Lokayukta Vs. M.R.
2-revn63-2023.doc
Hiremath, reported in (2019) 7 SCC 515 and the constitution bench judgment of the Apex Court in the case of Sukhpal Singh Khaira Vs. State of Punjab, reported in (2023) 1 SCC 289.
3. Issue notice for final disposal to respondent No.2, returnable on 31st March 2023.
4. Till 31st March 2023, there shall be ad-interim relief in terms of prayer clause (c).
(AMIT BORKAR, J.)
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