Bombay High Court

ANJANA W/O. SADASHIV CHOUDHARIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as there is no surviving ground, and the police are directed to place the husband's statement on record with the charge sheet.

Summary

Anjana filed a criminal writ petition alleging that the statement of her husband, recorded by Kotwali Police Station on 01‑06‑2020, was not attached to the charge sheet by Ashti Police Station. The High Court noted that the statement had been sent by ordinary post but was not received by Ashti Police. The Assistant Public Prosecutor (A.P.P.) explained that a copy of the statement was provided to the petitioner under the Right to Information Act and could be forwarded to Ashti Police for further investigation and inclusion in the charge sheet. The Court held that there was no remaining ground for the petition and directed the A.P.P. to ensure the statement is placed on record, while allowing the petitioner to initiate appropriate proceedings against other respondents. The petition was consequently disposed.

Issues considered

Whether the police are obligated to attach a recorded statement to the charge sheet.
Whether the failure to attach the statement can be remedied by forwarding a copy obtained under the Right to Information Act.

Legislation cited

Right to Information Act, 2005

Subjects

criminal procedure
statement of witness
charge sheet
right to information
police investigation
high court order

Judgment

                                   (1)
                                                917- Cri. W. P. 260-2023.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

            CRIMINAL WRIT PETITION NO. 260 OF 2023


              ANJANA W/O. SADASHIV CHOUDHARI
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS

                                  …..
      Advocate for the Petitioner : Mr. N. L. Jadhav
      APP for Respondents: Mr. G. A. Kulkarni
                                  .....


                   CORAM :      SANDIPKUMAR C. MORE, &
                                VAISHALI PATIL-JADHAV, J.J.

                   DATED :       SEPTEMBER 29, 2026

ORDER

1.    Heard.



2.    The grievance of the petitioner appears that despite recording

the statement of husband of the petitioner, by Kotwali Police Station,

Ahmednagar authorities on 01.06.2020, Ashti Police Station did not

place the same along with the charge sheet.



3.    On last occasion, while passing order dated 1.09.2023, we have

observed that the statement of husband of the petitioner so recorded

by the Kotwali Police Station, needs to be placed on record along with

the charge sheet, and thereafter, the learned A.P.P. was directed to file
                                  (2)
                                               917- Cri. W. P. 260-2023.odt
explanation from the concerned Police Officer of Ashti Police Station,

as to why the said statement was not placed on record along with the

charge sheet.



4.    Admittedly, the said statement recorded by Kotwali Police

Station was sent to Ashti Police Station by ordinary post, but Ashti

Police Station could not receive the same. However, the learned A.P.P.,

by pointing out the reply of authorized person of Ashti Police Station

submits that, the copy of the statement of the husband of the

petitioner recorded by Kotwali Police Station is given to the petitioner

under Right to Information Act and if the copy of said application is

given to Ashti Police Station, then further investigation in respect of

the statement can be made and the same be placed before the Court

dealing with the case.



5.    The learned A.P.P. also submits that even the statements of the

concerned Investigating Officer can be recorded in respect of the same

statement after receiving its copy and those documents will be placed

before the concerned Court, who is dealing with the case.



6.    In view of the same, nothing survives in this petition. We record

the statement of learned A.P.P. as an undertaking to this Court. The

copy of the aforesaid statement is already furnished to the learned

A.P.P. and he would do the needful as mentioned above.                The
                                    (3)
                                                917- Cri. W. P. 260-2023.odt
petitioner will be at liberty to take action against respondent Nos. 5 to

8 by initiating appropriate proceeding as may be permissible under

law.

7.     With these directions, we dispose of this petition.



(VAISHALI PATIL-JADHAV)              (SANDIPKUMAR C. MORE)
      JUDGE                                  JUDGE

YSK/

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