DR. SUBLENDU PRAKASH DIWAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present petition is fled by the Petitioner, inter alia, praying for quashing and setting aside of the order dtd. 29/8/2023 passed by the Addl. Sessions Judge, City Civil and Sessions Court, Greater Mumbai, rejecting the application fled by the petitioner under Sec. 91 of the Code of Criminal Procedure (for short 'Cr.P.C') r/w 165 of the Indian Evidence Act, 1872, seeking production of documents which were seized by the Investigating Offcer during the course of investigation of the C.R., in which he is arraigned as an accused, but having not been forwarded to the trial Court along with the charge-sheet. Heard Advocate Siddhesh Bhole along with Yakshay Chheda and Gautam Khazanchi i/b SSB Legal & Advisory for the Petitioner, who is opposed by Shri S.R. Agarkar, learned APP for the State.

(2.) The brief background facts would reveal that the present Petitioner is arraigned as an accused in C.R.No. 278/2020 registered on 14/10/2020, at Bandra Kurla Complex Police Station in Mumbai, which invoked Sec. 376, 376(2)(n), 506 Indian Penal Code and also Sec. 66(E) of the Information Technology Act.

(3.) The petitioner joined the investigation and provided documents/material, so as to demonstrate that the prosecution case of forcible sexual intercourse as alleged by the complainant, is false and the extract of WhatsApp and I-messages exchanged between the Petitioner and Complainant, demonstrated the falsity of the allegations made in the complaint. He also provided the details of the fight and hotel reservations made by the Petitioner during the consensual relationship and several photographs, depicting that the complainant was happy in the company of the Petitioner at various places, were also tendered, so as to establish that they shared a relationship which was mutual.