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1996 Supreme(Bom) 195

V.P.TIPNIS, J.N.PATEL
Rohini Mahavir Godse – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - V.P. TIPNIS, J. :---The petitioner, who is a minor girl, 9 years old, represented by her father has challenged the legality and validity of a circular dated 16th August, 1995 issued by the then District Sessions Judge, Solapur. She has also challenged the order of the learned Judicial Magistrate, First Class, Pandharpur, passed on 21st December, 1995 refusing to accept the charge-sheet filed by the police on the basis of the aforesaid circular and on the ground that the muddemal property is not submitted alongwith the charge-sheet. She has further prayed for quashing and setting aside the order passed by the learned Judicial Magistrate, First Class, Pandharpur, on 28th December, 1995 directing that the accused (respondent No. 3) be released on bail in Criminal Misc. Application No. 464 of 1995.

2. By order dated 11th March, 1996, rule was granted and was made peremptorily returnable on 27th March, 1996. The State was directed to file affidavit explaining the circumstances under which the Chemical Analyser's report and muddemal could not be sent to the Court alongwith the charge-sheet. In pursuance of the aforesaid order, affidavits by the concerned police officer as als


















































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