Kishor Pandit Suryawanshi And Others vs The State Of Maharashtra And Another

ik-77919700 Bombay High Court 29 November 2024 • CRIMINAL APPLICATION NO. 4546 OF 2024 • 10 min read

Judges (1)

Counsel (2)

Parties (6)

Case Significance

Kishor Pandit Suryawanshi And Others vs The State Of Maharashtra And Another is a Bombay High Court decision dated November 29, 2024 (citation: ik-77919700). Application under Section 482 CrPC challenging the trial court's order permitting prosecution to collect blood samples of the accused for DNA testing in a POCSO gang rape case in Dhule. The applicants argued this amounted to further investigation under Section 173 CrPC after trial was substantially complete. The Court rejected the application, finding that blood samples had already been collected earlier but were sent to FSL Nashik, making them unavailable at the local lab for testing against The case was heard by Justice Y.G. Khobragade. Counsel appearing: V. M. Jaware (counsel for respondent), Vijay Bhalerao Patil (counsel for applicant).

Summary

Application under Section 482 CrPC challenging the trial court's order permitting prosecution to collect blood samples of the accused for DNA testing in a POCSO gang rape case in Dhule. The applicants argued this amounted to further investigation under Section 173 CrPC after trial was substantially complete. The Court rejected the application, finding that blood samples had already been collected earlier but were sent to FSL Nashik, making them unavailable at the local lab for testing against a condom, and that permitting fresh collection for a serious offence served the interest of justice.

What was the outcome of Kishor Pandit Suryawanshi And Others vs The State Of Maharashtra And Another?

Application under Section 482 CrPC challenging the trial court's order permitting prosecution to collect blood samples of the accused for DNA testing in a POCSO gang rape case in Dhule. The applicants...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-77919700)