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The State Of Maharashtra vs Prashant Sadashiv Chaudhari & Ors on 18 November, 2019

1/2 apeal-384-03(204).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CRIMINAL JURISDICTION
CRIMINAL APPEAL NO. 384 OF 2003

The State of Maharashtra ..Appellant
Vs.
Prashant Sadashiv Chaudhari Ors ..Respondents

Ms Anamika Malhotra, APP for State/Appellant

CORAM : K.R.SHRIRAM, J.

DATE : 18th NOVEMBER 2019

P.C.:

1 On 24-6-2019, as nobody was present despite the order of 8-5-

2019, this court directed to issue a bailable warrant against respondents to

be executed through Judicial Magtistrate First Class, Nashik within two

weeks. The 9th Joint CJSD and Additional C.J.M., Nashik has submitted a

report dated 9-9-2019 stating that the bailable warrant was issued twice to

accused but the same was received unserved due to insufficient address.

The address has to be provided by appellant. The report says that plot

no.11, which is shown as the address of the accused, is an empty plot. It is

the job of the prosecution to trace the accused and for that, if the

prosecution only takes the trouble of going through the records and

proceedings, they would have come to know that in the complaint (firyad)

dated 5-7-1999, the complainant has given two addresses, one is of Plot

No.11, Kamathwada Road, Opposite Matale Mangal Karyalay, Nashik and

Meera Jadhav

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2/2 apeal-384-03(204).doc

the other is at Post Sakharwadi, next to Sheti Mahamandal, Taluka

Kopargaon, Zilla Ahmednagar. In the evidence, the father of the

complainant – Madhukar Samarit, has also given his address as Laxmiwadi,

Taluka Rahata, District Ahemdnagar. The prosecution should take the

trouble of doing a page turn, try to contact each of the witnesses and then

locate the accused. As this is a matter under Section 498A of the Indian

Penal Code, certainly that would help. The police cannot simply return the

papers saying not traceable or address incomplete. I have to take note that

this has become a habit for police officers and they make no efforts, when

the State itself is the appellant.

2 As last chance, stand over to 25-11-2019, by which date, if the

prosecution does not make any progress to track the accused, the court may

dismiss the appeal for want of prosecution.

(K.R. SHRIRAM, J.)

Meera Jadhav

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