Bombay HC Order 27-7-2013 Mr Ashish Dandekar and 1127

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

CRIMINAL APPLICATION NO. 312 OF 2013

ASHISH DANDEKAR S/o VIJAY

R. DANDEKAR .. APPLICANT

VERSUS

THE STATE OF MAHARASHTRA .. RESPONDENT

Ms. Jyoti Singh a/w Srisabari rajan i/b Phoenix Legal,Advocate

for the applicant 

Mr. Pradeep Gharat, Spl. PP a/w Mrs. G.P. Mulekar, APP for the State 

I.O. - Mr. Bhagirath Shelke – PI, EOW, Unit III, present.

CORAM:-ABHAY M. THIPSAY, J.

DATED : 26/07/2013 

P.C.

Heard the learned counsel for the applicant. Heard

the learned Spl. Public Prosecutor for the respondent.

2       Reply filed on behalf of the respondent is taken on record.

3      Though, it does appear that the applicant has not scrupulously complied with the condition to attend the office of the investigating agency, it also appears that whenever he attended he was not interrogated. Under these circumstances,instead of going deeper into the matter, what needs to be observed is that, the investigation is still in progress and, therefore, the applicant’s presence before the investigating agency for interrogation/investigation may be required. 

4        Since some grievance is made that some of the other accused, who have been released on bail, are not available to the investigating agency for such interrogation/investigation, I am not inclined to cancel the requirement of reporting to the office of the investigating agency entirely. However, in my opinion, it would be sufficient, if the applicant is required to attend the office of the investigating agency, once in a month i.e. on the first Wednesday of each calendar month till the completion of investigation, as may be signified by filing of a charge-sheet.

5     It is clarified that, this shall not prevent the investigating officer from summoning the applicant for interrogation/investigation, as and when required

6         It is agreed by the learned counsel for the applicant, on instructions, that, a notice or intimation requiring the applicant to attend before the investigating officer given by SMS would be sufficient in that regard.

7              The application is disposed of in the aforesaid terms.

 (ABHAY M. TH