- 1 - 3526 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION N0.3526 OF 2010 (through jail) Nitin Shantilal Modha .. Petitioner vs The State of Maharashtra .. Respondent Mr.Prakash Naik (appointed as Amicus Curie) for Petitioner Ms.M.H.Mhatre APP for Respondent-State CORAM: P.V.HARDAS & N.D.DESHPANDE, JJ DATE: 18th March,2011 PER COURT 1. This is a Petition which is submitted through jail. This Court had accordingly appointed Mr.Prakash Naik Advocate to represent the Petitioner in this Petition. 2. The limited grievance of the Petitioner in this petition is that he was produced - 2 - 3526 before the District and Sessions Court, Shivaji nagar, Pune, The Petitioner had been handcuffed by the escort party. Accordingly, this court had issued notice to the respondents and the respondents have filed their affidavit-in-reply. In the affidavit-in-reply, the respondents had denied having hand cuffed the Petitioner when ever the Petitioner was brought before the Court. In paragraph 5 of the affidavit- in-reply, the Petitioner stated that the Petitioner was produced before the District Court at Shivajinagar, Pune on (1) 18.1.2010 (2) 28.1.2010 (3) 16.2.2010 (4) 15.5.2010 (5) 28.6.2010 and (6) 6.7.2010 by the escort party. The affidavit-in-reply states that the Petitioner was not hand cuffed when he was produced before the District and Sessions Court, Pune. The affidavit further discloses that the statements of the escort party were recorded and all the members have - 3 - 3526 denied having hand cuffed the Petitioner. In the light of the said denial and in the light of the fact that this Petition raises disputed questions of fact which cannot be decided in extra-ordinary jurisdiction, we are not inclined to interfere in this Petition. 3. This Petition is accordingly dismissed with no order as to costs. We wish to place on record our appreciation of the efforts of the learned counsel Amicus curie Mr.Prakash Naik in assisting the Court. (N.D.Deshpande,J) (P.V.Hardas,J) - 4 - 3526