STATE OF MAHARASHTRA Vs. DURGADAS DEVICHAND RATHOD

JUDGEMENT

(1.) ON 26/3/2009, the Division Bench presided over by Justice Bilal Nazki gave a direction that no Special Executive Officer shall be allowed to record the dying declarations and, wherever it is possible it should be recorded by the Judicial Magistrate and wherever it is not possible by the Judicial Magistrate, then by concerned Revenue Officers not below the rank of Nayab Tahsildar. The Division Bench further directed that throughout the State of Maharashtra, no identification parade shall be conducted by the Special Executive Officers till further orders. The Division Bench ordered that the identification parade shall be conducted by the Judicial Magistrates as far as possible, and if the Judicial Magistrates are not available, then by concerned Revenue Officers not below the rank of Nayab Tahsildar. The Division Bench added a rider that if the Government feels any difficulty on the ground of implementing this order, they shall be at liberty to approach this court and point out the difficulties. The Division Bench observed that the said order shall remain in force till further orders and till the learned Advocate General is heard.

(2.) IN view of the liberty granted by the Division Bench, the State of Maharashtra has moved this application for recall of order dated 26/3/2009.

(3.) LEARNED Advocate General has requested the court to recall order dated 26/3/2009 for the reasons stated above.