Bombay High Court
Gajanan Narayan Khatri vs State Of Maharashtra And Anr on 7 November, 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (STAMP) NO.945 OF 2025
ALONG WITH
INTERIM APPLICATION (STAMP) NO.17015 OF 2025
Gajanan Narayan Khatri,
Presently attached to Shikrapur Police Station .. Petitioner
Vs.
The State of Maharashtra,
Through Shikrapur Police Station, Pune and Ors. .. Respondents
Mr. Vinay V. Nair with Mr. Venkatesh Jairam and Ms. Riddhi P.
Tendulkar, Advocates for the Petitioner.
Mr. S.V. Gavand, Additional Public Prosecutor for the Respondent-
State of Maharashtra.
Mr. Mahesh Dongare, PSI, attached to the Shikrapur Police
Station, Pune is present in Court.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 7TH NOVEMBER 2025.
P.C. :
On 21st January 2025, the following order was passed by
this Court:
"1. Having heard learned counsel for the petitioner, learned APP
seeks time to take instructions from the Superintendent of
Police, Pune Rural considering the nature of
complaint/allegations.
2. In the meantime, the respondent-police to preserve the CCTV
footage of Shikrapur Police Station, Taluka Shirur, District Pune
from 27th March 2024 to 28th March 2024. The respondent-police
to also preserve the Log Book of MH-12-SQ-2108 dated 27 th
March 2024 of Shikrapur Police Station. The said order be
informed to the Deputy Superintendent of Police, Pune Rural,
Pune.
3. Stand over to 4th February 2025."
2. On the next date of hearing, a statement was made by the
learned Additional Public Prosecutor that CCTV was not working
908-WP(ST)-945-2025 & IA(ST)-17015-2025.doc Dixit
during the alleged period and the log books were also misplaced.
Thereafter, the matter appeared on Board on several occasions but
for one reason or the other, adjournments were sought by the
parties. Mr. Vinay V. Nair, the learned counsel appearing for the
petitioner states that he has been recently handed over the
records of this case and he needs some time to prepare the matter.
3. However, the proceedings in this writ petition disclose that
this Criminal Writ Petition was heard substantially by a Division
Bench presided over by the Hon'ble Shri Justice Ravindra V.
Ghuge and one of such orders was passed on 25 th July 2025,
which reads as under:
"1. The learned APP has tendered on record an Inquiry Report
dated 11th June, 2024, given by the Sub-divisional Police Officer,
Shirur, addressed to the Superintendent of Police, Pune (Rural),
along with a covering letter dated 10 th February, 2025 (4 pages).
The said compilation is taken on record and marked 'X-1' for
identification.
2. The learned APP is instructed to convey to the Court, that there
were two accused in the FIR No.343/2024 registered on 27 th
March, 2024 with the Shikrapur Police Station, Pune (Rural) viz.
Ram Kamble (address unknown) and the second accused Balaji
Navnath Pakhere. Mr. Ram Kamble, had obtained anticipatory
bail and Balaji Navnath Pakhere, has been arrested. The
charge-sheet has been filed on 30 th August, 2024 before the
concerned Court.
3. With regard to prayer clause (b), the affidavit filed by
Mr. Deepratan Gorakh Gaikwad, Senior Police Inspector,
Shikarapur Police Station, Pune (Rural) dated 22 nd April, 2025
sets out in paragraph Nos.16 and 17, as under:-
16. I further say that the petitioner has alleged that the
Respondent No. 1 has deleted the CCTV footage for the
period of 27/03/2024 and 28/03/2024. On checking the
CCTV footage in the Police Station, it has been observed
that the CCTV footage of the following date is not
available in record.
1) In the month of January 2024 from 08/01/2024 to
16/01/2024 and 20/01/2024 to 30/01/2024.
2) Full month of February 2024.
3) In the month of March 2024 from 02/03/2024 to
13/03/2024 and from 19/03/2024 to 30/03/2024.
4) In the month of April 2024 from 02/04/2024 to
09/04/2024 and from 17/04/2024 to 30/04/2024.
5) In the month of May 2024 from 01/05/2024 to
15/05/2024 and from 23/05/2024 to 26/05/2024.
908-WP(ST)-945-2025 & IA(ST)-17015-2025.doc Dixit
6) In the month of June 2024 form 08/06/2024 to
22/06/2024.
7) In the month of July 2024 04/07/2024 to
19/07/2024.
8) In the month of August 2024 03/08/2024 to
17/08/2024.
9) In the month of September 2024 dated 18/09/2024.
10) In the month of November 2024 on 02/11/2024 to
27/11/2024.
11) In the month of December 2024 on 29/12/2024 to
30/12/2024.
17. I state that it was pointed out that the CCTV footage was
not available, at that time said information was given to
Sujata Enterprises, the private agency who operated the
said CCTV cameras. After that we have corresponded to
Sujata Computer on 25/01/2025 and 17/02/2025 to
investigate why the CCTV was closed during the said
period and the report has not been received till date.
Sujata Computer's technician after inspection found that
the batteries of the system were damaged and the
batteries were replaced and a note has been made in
Police Station diary. It has been observed that the system
has to be started manually after the light goes off due to
errors in the backup of the system otherwise the system
shuts down after only 03 minutes. Here to annexed and
marked as Exhibit "E" is a copy of correspondence to
Sujata Computer PVT Ltd.
4. In the light of the law laid down by the Hon'ble Supreme Court
in Paramvir Singh Saini vs Baljit Singh, (2021) 1 Supreme Court
Cases 184, guidelines have been given to the Police authorities
to maintain the CCTV infrastructure in mint condition and it is
expected that the said infrastructure/machinery will be
operational at all times with routine maintenance being done.
5. We, therefore, call upon the learned APP to state as to whether
any Standard Operating Practice (SOP) or whether any protocal
has been devised by the Police department of the State of
Maharashtra, to firstly ensure that such electronic machinery is
operational at all times. Secondly, whether appropriate
maintenance measures have been adopted. Thirdly, whether
such electronic machinery is routinely upgraded considering the
technological advancement and fourthly, if such CCTV
mechanism is found to be not in operation or is not available
when it matters the most in a particular case, whether any
nodal officer of the Police Station can be held responsible and
accountable. The learned APP submits that there is no such SOP
or protocol which is in force and, he is unable to state as to
whether appropriate measures for maintenance and
upgradation are in vogue.
6. Considering the above, and the Judgment of the Hon'ble
Supreme Court in Paramvir Singh Saini (supra), it is high time
that the Director General of Police of the State of Maharashtra
initiates appropriate steps to ensure that such CCTV mechanism
is fully operational at all times. Appropriate maintenance is
done by extending annual maintenance contract to the best
908-WP(ST)-945-2025 & IA(ST)-17015-2025.doc Dixit
possible agency and upgradation at regular intervals
considering the technoligical advancement, is carried out, in the
light of paragraph 14, 15 and 16, of Paramvir Singh Saini
(supra).
7. So also, as regards the Log books, Case diary and Station diary
which are routinely maintained by Police Station, we are
inclined to direct daily digitization of such Log books, Case
diary and Station diary, if not yet being recorded in such form.
8. We, therefore, request the Director General of Police, State of
Maharashtra to apprise us through an affidavit, as to what are
the steps that the said authority proposes to initiate, introduce
and ensure continued upgradation. Let such affidavit be filed
within a period of two weeks.
9. List this Petition on 14th August, 2025 in the 'Urgent
Supplementary board'."
4. Registry to seek administrative order for posting of this
Criminal Writ Petition before the appropriate Bench.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
Digitally
signed by
SNEHA SNEHA
ABHAY DIXIT
ABHAY Date: 908-WP(ST)-945-2025 & IA(ST)-17015-2025.doc Dixit
DIXIT 2025.11.11
11:41:49
+0530
