UTTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for Petitioner as well as learned A.P.P. for Respondent No. 1. For deciding the issue raised in this Petition, no notice is necessary to Respondent No. 2. Rule. Rule made returnable forthwith and heard finally.

(2.) THE present Petition has been filed under Article 227 of the Constitution of India and Section 482 of the Criminal Procedure Code, 1973 against dismissal of the discharge application filed by the Petitioner -accused before the Additional Sessions Judge, Ambajogai in Special Case No. 15 of 2013.

(3.) ON the last occasion, the learned A.P.P. had been directed to get it clarified from the investigating officer, whether the certificate from the employer has been produced before the investigating officer in the course of investigation and what has happened to the report lodged by the brother of the Petitioner. Now the learned A.P.P. has submitted that certificate relied upon by the Petitioner, was not produced during the investigation and as far as regards the complaint filed by brother of the Petitioner, non cognizable final report has already been submitted.