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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, SHREERAM V.SHIRSAT
State of Maharashtra – Appellant
Versus
Tejas @ Dada Mahipati Dalvi, presently in Yerwada Central Prison, Pune – Respondent
| Table of Content |
|---|
| 1. summon chemical analysts for cross-examination. (Para 1 , 2 , 7) |
| 2. brutal assault, murder of minor; circumstantial evidence. (Para 3 , 4 , 5 , 6) |
| 3. trial vitiated by non-summoning experts, faulty 313. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. remand for experts without de novo trial. (Para 16 , 17 , 18 , 19) |
| 5. mandatory summoning of report authors as court witnesses. (Para 20 , 21) |
| 6. limited remand, fresh 313, bail to accused 2. (Para 22 , 23 , 24 , 25 , 26) |
ORDER :
Manish Pitale, J.
Interim Application No.4190 of 2025
The accused No.1 has filed this application invoking Sections 408 and 432 read with Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for a direction that the chemical analysers of the concerned laboratory be summoned for cross-examination as chemical analyst’s reports (CA reports), being as many as 12 in number, were directly produced during the recording of evidence of the investigating officer (P.W.29). Reliance is placed on judgements of the Supreme Court and this Court to contend that in the absence of summoning of the chemical analysers by the Court and depriving the accused from cross-examining them has vitiated the trial. O
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