ATUL RAJESH DIGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 18th September, 2021, Mr. Palkar, learned A.P.P, who was then present made a statement that since the Investigating Officer was not present, he was unaware as to whether charge-sheet was filed in this matter or otherwise. To enable the learned A.P.P to take instructions, the matter was then adjourned to 16th October, 2021. Interim protection was extended till the next date. There was no further progress.

(2.) Again, on 30th October, 2021, Investigating Officer was not present and, therefore, learned A.P.P, namely Mr. Pethe made similar statement that he is not aware about the progress in the investigation. The learned A.P.P was directed on 30th October, 2021 to seek appropriate instructions from the Investigating Officer on or before the next date and also ensure the presence of the Investigating Officer, failing which appropriate action would be initiated.

(3.) Today, Mr. Dedhia, learned A.P.P is appearing in the matter. Investigating Officer, Mr. Subhash Munde, P.S.I is present. Mr. Dedhia, on instructions from the said Investigating Officer submits that he was on sick leave. On being asked, whether any certificate is produced in support of his contention, it is submitted that there is no such documentary evidence as on today. Prima facie, the statement appears to be incorrect.