- 1 - cra64.11 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.64 OF 2011 Shridhar Shrinivasan & anr .. Applicant vs The state of Maharashtra (ATS Mumbai) ..Respondents Mr.Vijay Hiremath for Petitioner Mr.S.A.Shaikh APP for Respondent-State Mr.P.I.Kandharkar ATS Vikroli Mumbai present CORAM: N.D.DESHPANDE, J DATE: 21st February,2011 P.C. 1. Heard learned counsel for the parties. 2. Mr.P.I.Kandharkar, Police Inspector from A.T.S.Vikroli, Mumbai is present in Court who is one of the Investigating Officers in this case. The present application is filed in the matter of pre-trial destruction of the property. The petitioner impugns order - 2 - cra64.11 dated 26.10.2010 particularly operative part para 3 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.99 of 2008. The Petitioner is an accused who declined to remain present at the time of destruction of the articles and explosives and for other related procedure so also his advocate was not present. However,he has no objection for carrying out pre-trial destruction in accordance with law for which he need not be a witness. Mr.Shaikh, learned A.P.P. on instructions from the concerned Officer who is present in Court, also do not insist presence of the accused or his advocate. In the light of the statement made, Petition is disposed of in following terms : It is directed that disposal/destruction of the property namely articles shall take - 3 - cra64.11 place in accordance with law as per order dated 26.10.2010 without insisting on the presence of accused or his advocate. Revision Application partly allowed. N.D.Deshpande, J - 4 - cra64.11 Heard both sides. On instructions, from the concerned I.O.Mr.Kandharkar, A.T.S.Vikroli, Mumbai Mr.Shaikh APP submitted that there is no need for the presence of the accused or his advocate for carrying out orders dated 26.10.2010 passed by the Additional Sessions Judge, Greater Bombay in Sessions case NO.99 of 2008 which is pre-trial disposal proceedings and for its compliance. This order is passed after hearing all the parties and Revision Application is accordingly disposed of.