PARSHURAM S/O BAJIRAO DONGRE Vs. STATE OF MAHARASHTRA, THROUGH SUB DIVISIONAL POLICE OFFICER, AHERI, TAHSIL AHERI, DISTRICT GADCHIROLI
LAWS(BOM)-2017-9-135
HIGH COURT OF BOMBAY
Decided on September 11,2017

Parshuram S/O Bajirao Dongre Appellant
VERSUS
State Of Maharashtra, Through Sub Divisional Police Officer, Aheri, Tahsil Aheri, District Gadchiroli Respondents

JUDGEMENT

V.M.DESHPANDE,J. - (1.) Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
(2.) The present revision is directed against the judgment and order dated 16/8/2017, passed by Additional Sessions Judge, Gadchiroli in Criminal Revision No.29/2017. By the impugned judgment and order, the learned revisional Court allowed the revision filed on behalf of the non applicantState. By allowing the revision filed by the State, the learned revisional Court set aside the order passed by learned Magistrate and granted Police Custody Remand (hereinafter referred to as the "P.C.R" for the sake of brevity) of the applicant for 5 days to investigating officer.
(3.) According to learned counsel for the applicant, the order passed in revision is unjust, inasmuch as according to the the learned counsel, the learned revisional Court has exceeded its jurisdiction and has substituted its view in place of the view of the learned Magistrate. He submitted that the grounds those were put forth before the learned Magistrate on 31/7/2017 for obtaining P.C.R. are nothing but repetition of the reasons on which the investigating officer was successful in obtaining the P.C.R till 31/7/2017 by remand application dated 28/7/2017. He also submitted that the applicant was not produced before the learned revisional Court while granting P.C.R. and therefore there is a breach of the mandate of Section 167 of the Code of Criminal Procedure. In support of his submissions, the learned counsel for the applicant relied on following reported cases: I) Satyajit Ballubhai Desai and others Vs. State of Gujrat, 2014 14 SCC 434. II) Johar and others Vs. Mangal Prasad and another, 2008 CrLJ 1627. (III) Pathumma and another Vs. Muhammad, 1986 AIR(SC) 1436. (IV) Dilip S/o Ramchandra Umare Vs. State of Maharashtra, 1996 CrLJ 721, (V) Master Leonard Mark Hillario Vs. Shri Seby Hillario, 2007 AllMR(Cri) 1649.;


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