- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 1005 OF 2008. WRIT PETITION NO. 1005 OF 2008. WRIT PETITION NO. 1005 OF 2008. Shri S.M. Kelkar. ..Petitioner. versus The State of Maharashtra & Anr. .. Respondents. .... Mr. Sandesh D. Patil, for the Petitioner. Mr. Y.S. Shinde, APP, for Respondent No.1. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 24TH JULY,2008. : 24TH JULY,2008. : 24TH JULY,2008. P.C. 1. Issue notice to the second respondent, returnable on 20th August 2008. In addition to service of notice through Court, the Advocate for the petitioner to serve private notice and file affidavit of service before the next date. If affidavit of service is not filed before the returnable date, the petition will stand dismissed for non-prosecution without further reference to the Court. 2. The petitioner has placed reliance on three letters dated 1st June 2007, allegedly written by the second respondent (accused), addressed to the learned Magistrate. The petitioner will file an affidavit before the next date setting out as to how the petitioner has procured copies of the said letters. - 2 - 3. It appears that the alleged letters were written by the second respondent on 1st June 2007 when admittedly he was in custody. The Investigating Officer must explain as to how facility of computer was made available to the second respondent while he was in custody. The Investigating Officer will also file an affidavit explaining the circumstances under which the said letters were allegedly written by the accused. He will also state whether the said letters were forwarded to the learned Magistrate. If the said letters were forwarded to the learned Magistrate, he will set out as to when the said letters were forwarded to the learned Magistrate. The affidavit to be filed before the next date. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]