Vasant Chindhu Shete vs State Of Maharashtra Through Thane ...
2023 Latest Caselaw 11855 Bom

Bombay High Court

Vasant Chindhu Shete vs State Of Maharashtra Through Thane ... on 29 November, 2023

Author: Prithviraj K. Chavan

Bench: Prithviraj K. Chavan

                                                     41-REVN-ST-7976-2023.doc


Shailaja


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
                CRIMINAL REVISION APPLICATION
                    [STAMP] NO.7976 OF 2023

Vasant Chindu Shete                ]      Applicant
      Vs.
State of Maharashtra and another ]        Respondents
                                .....
Mr. Jenish Jain i/b Dr. Uday Warunjikar, for Applicant.

Ms. G.P. Mulekar, A.P.P, for Respondent No.1-State.
                                 .....
                        CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 29th November, 2023.

P.C.

1. Heard learned Counsel for the applicant and the learned

A.P.P.

2. Notice to the respondents returnable on 14th December,

2023.

3. Learned A.P.P waives service on behalf of respondent No.1-

State.

4. Learned Additional Sessions Judge, Kalyan in the impugned

judgment while acquitting the accused of the offence punishable

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under section 152 of the Indian Railways Act directed the

Commissioner of Railway Police for taking strict action against the

Investigating Officer and to recover an amount of compensation to

the tune of Rs.50,000/- from him which is payable to the accused.

5. Prima facie, it appears that without giving due opportunity to

the Investigating Officer, the Additional Sessions Judge directed

recovery of compensation which is against the principles of natural

justice.

6. It is informed by the learned Counsel for the applicant that an

amount of Rs.50,000/- has already been recovered from the salary

of the Investigating officer and has been deposited in the Court of

Additional Sessions Judge at Kalyan.

7. Till the Revision Application is heard and decided finally on

merits, there shall be stay to the disbursement of the amount

deposited in the Court of Additional Sessions Judge at Kalyan in

favour of the accused.

8. List on 14th December, 2023.

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9. Parties to act upon the authenticated copy of this order.

[PRITHVIRAJ K. CHAVAN, J.]

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