SUNAINA GAURAV JAGNANI vs THE STATE OF MAHARASHTRA

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2024 Supreme(Online)(SC) 3355

`ITEM NO.23 COURT NO.11 SECTION II-A`
`S U P R E M E C O U R T O F I N D I A`
`RECORD OF PROCEEDINGS`
`Petition(s) for Special Leave to Appeal (Crl.) No(s).16583/2023`
`(Arising out of impugned final judgment and order dated 11-09-2023`
`in CRWP No. 319/2023 passed by the High Court of Judicature at`
`Bombay At Nagpur)`
`SUNAINA GAURAV JAGNANI Petitioner(s)`
`VERSUS`
`THE STATE OF MAHARASHTRA & ANR. Respondent(s)`
`(FOR ADMISSION and IA No.264435/2023-EXEMPTION FROM FILING O.T. and`
`IA No.264433/2023-INTERVENTION/IMPLEADMENT and IA No.264436/2023-`
`PERMISSION TO FILE LENGTHY LIST OF DATES and IA No.264434/2023-`
`PERMISSION TO APPEAR AND ARGUE IN PERSON and IA No.264437/2023-`
`PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES`
`IA No. 264435/2023 - EXEMPTION FROM FILING O.T.`
`IA No. 264433/2023 - INTERVENTION/IMPLEADMENT`
`IA No. 264434/2023 - PERMISSION TO APPEAR AND ARGUE IN PERSON`
`IA No. 13526/2024 - PERMISSION TO FILE ADDITIONAL`
`DOCUMENTS/FACTS/ANNEXURES`
`IA No. 264437/2023 - PERMISSION TO FILE ADDITIONAL`
`DOCUMENTS/FACTS/ANNEXURES`
`IA No. 264436/2023 - PERMISSION TO FILE LENGTHY LIST OF DATES)`

`Date : 31-01-2024 These matters were called on for hearing today.`
`CORAM :`
`HON'BLE MRS. JUSTICE B.V. NAGARATHNA`
`HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH`
`For Petitioner(s) Petitioner-in-person`

`For Respondent(s)`

`UPON hearing the counsel the Court made the following`

ORDER

We have heard the petitioner who has appeared in-person through video conferencing facility at length.

The petitioner had sought certain reliefs before the Nagpur Bench of the Bombay High Court in Criminal Writ Petition No.319/2023. The High Court has disposed of the writ petition with certain observations. Being aggrieved, the petitioner has filed Digitally signed by RADHA SHARMA Date: 2024.02.03 13:09:57 IST Reason:

Signature Not Verified this special leave petition.

On hearing the petitioner who has appeared in-person, we find that the High Court has rightly observed that if the petitioner is seeking any prayer(s) with regard to the sessions case pending before the Sessions Court, she shall seek those prayers before the said Court in accordance with law and those prayers shall be considered without being influenced by the disposal of the Criminal Writ Petition by the High Court.

It is noted that the petitioner who is the prosecutrix has no assistance of an independent advocate. In the event, she prays assistance of an independent advocate, she may have the aid of the District Legal Services Authority.

It is needless to observe that if she approaches the District Legal Services Authority for appointment of an advocate for her to prosecute the case, her application shall be considered in accordance with law.

It is further observed that she is at liberty to assist the Public Prosecutor who is in-charge of the trial and make available all documents and facts of the case to him/her so as to effectively prosecute the case.

With the aforesaid observations and directions, the Special Leave Petition stands disposed of.

Pending application(s), if any, shall stand disposed of.

(RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH) Click Here to Read the rest of this document