1 1340.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1340 OF 2010 Shri Manohar Daulataram Ghansharamani ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents ...... Mrs.V.V.Thorat for Petitioner. Ms.S.V.Gajare, A.P.P. for State. Mr.Subodh Desai with Mr.Shreyas Mehta and Mr.Abhishek Sawant i/b Apex Consillis for Respondent No.2. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 18, 2010. P.C. 1. Heard Counsel for the parties. 2. The relief claimed in this Petition is essentially for directing Respondent Nos.1 and 2 to produce all the original documents as per panchnama dated 21st November 1996. It is further prayed that the said Respondents be directed to furnish true copies of all the documents. Further, to direct the Respondent No.1 to institute inquiry either by CID or Commissioner of Police in respect of misplacement and non recovery of the 2 1340.10.sxw relevant documents which were seized under panchnama. The documents referred to in this Petition have been seized under panchnama dated 21st November 1996 allegedly at the instance of the accused. The same are subject matter of trial before the concerned Court. The accused has already obtained photostat copies of the said documents from the Trial Court. 3. Insofar as the Petitioner is concerned, being the complainant, he wanted original to be submitted to the Court by the Investigating Officer and photostat copies can be made available to the Petitioner. The request of the Petitioner was rejected by the Trial Court. However, during the pendency of this Petition, the Investigating Officer although initially took the stand that the original documents seized under panchnama dated 21st November 1996 were missing for reasons stated in the affidavit, however, subsequently, took the stand that he could trace only photostat copy of the original. 4. The question regarding disappearance of the original documents and non recovery thereof is a matter which will have to be gone into by the concerned Court before which the trial is pending. It will be open to the parties to adduce evidence in that behalf. So that, the concerned witnesses 3 1340.10.sxw can be cross-examined on relevant aspects. Since the trial is still pending, it will be premature to finally adjudicate the said aspect in the present Petition. We keep all questions in that behalf open. In other words, it will be open to the Petitioner to ask for appropriate relief after the conclusion of the trial. For the time being, we place on record the latest affidavit filed by the Petitioner restating the position that the photostat copies of some of the stated documents are not in consonance with the documents referred to in the panchnama dated 21st November 1996. 5. In the circumstances, this Petition is disposed of on the above terms. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)