Hey there! Today, we're diving into a recent court decision from the Nagpur Bench of the Bombay High Court. It's all about a case involving Sumit Gautam and others against the State of Maharashtra. Let's break it down.
Sumit Gautam, Imran Turak, Ashish Gajbhiye, and Firozkhaa Pathan were challenging an order that allowed the prosecution to file an additional report. They argued that there wasn't enough evidence to connect them to the crime. Their lawyer, Mr. A. Saxena, claimed the investigation was flawed and done with bad intentions.
"The statement recorded by the police officer... does not show that Sumit Gautam and others did anything wrong."
On the other side, the State's lawyer, Mr. B.M. Lonare, pointed out that there was CCTV footage and mobile phone evidence against Sumit Gautam and others. He mentioned that they had asked for permission to avoid arrest and that further investigation was just a continuation of the original one.
"Further investigation is just continuing the original investigation."
Judge M.M. Nerlikar had the final say. He noted that the original report was filed on January 12, 2022, and the statement of the person who reported the crime was recorded the same day. The additional report was filed after getting court permission on September 9, 2024.
The judge explained that the additional report was necessary to include more people accused and avoid multiple court cases. He highlighted that the police have the right to keep investigating and file more reports if new evidence comes up.
"The right of the police officer to file an additional report cannot be stopped."
In the end, the court rejected the challenge from Sumit Gautam and others. The judge emphasized that the trial court should not be influenced by these observations during the trial. The court allowed the additional report to ensure a thorough investigation and fair trial.
