NIKHIL ASHOKRAO WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Applicants have been arraigned as accused in Crime No.103/2022 registered with Gittikhadan Police Station, Nagpur, for the offence punishable under Ss. 498-A, 306 read with Sec. 34 of the Indian Penal Code. Accused have invoked the inherent powers of this Court, for quashing of the aforesaid crime. Applicants have also moved this application for directing the police to consider their documents (with Rgd. application dtd. 8/8/2023) during the process of investigation. Precisely it is the contention of applicants that the documents sought to be produced are pivotal in nature, which would assist the investigating officer to arrive at a right conclusion. Rather, it is the contention of applicants that several printouts of WhatsApp chat of deceased would assist the investigating officer to arrive at a conclusion that no case is made out against the applicants to file final report.

(3.) The learned A.P.P. has put stiff resistance to the application by contending that the documents sought to be produced by applicants/accused are in the nature of probable defence which is a matter of trial. While exercising the inherent powers at the stage of investigation, those documents cannot be entertained. According to the learned A.P.P. directions sought for, amounts to interference in the process of investigation, which is not permissible. In support of resistance, he has relied on some decisions of the Supreme Court.