Bombay High Court Criticizes Superintendent of Police for Filing Defective Affidavit and Directs Fresh Affidavit. Court Observes that Affidavit Was Sworn Unmindfully Without Correcting Errors, Calling It Not Palatable.

High Court: Bombay High Court Bench: AURANGABAD
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Case Note & Summary

The matter came before the High Court of Judicature at Bombay, Aurangabad Bench, in Criminal Writ Petition No. 594 of 2012 filed by Subhash Vitthal Palwade and another against the State of Maharashtra and others. During the hearing on 6 August 2012, the court examined an affidavit filed by the Superintendent of Police, Beed. The court found the affidavit to be deficient, observing that the deponent either had not read the draft or, having read it, failed to correct errors and swore the same unmindfully. The court expressed its displeasure, stating that such an attitude was not palatable. The learned Additional Public Prosecutor submitted that he would bring the deficiency to the notice of the Superintendent of Police and ascertain whether a fresh affidavit would be filed addressing all points and dealing with all aspects. In light of this submission, the court stood over the matter to 9 August 2012 and directed the learned APP to communicate the order to the Superintendent of Police, Beed. The court also directed the office to supply an authenticated copy of the order to the learned APP for communication. The order was pronounced by the bench comprising A.H. Joshi and A.V. Nirgude, JJ.

Issue of Consideration

CRIMINAL WRIT PETITION NO.594 2012

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Final Decision

The court stood over the matter to 09.08.2012, directed the learned APP to communicate the order to the Superintendent of Police, Beed, and directed the office to supply an authenticated copy of the order for communication.

Case Details

2012 LawText (BOM) (09) 13

Criminal Writ Petition No. 594 of 2012

2012-08-06

A.H. Joshi, A.V. Nirgude

S.P. Chapalgaonkar, G.R. Ingole

Subhash Vitthal Palwade & another

The State of Maharashtra & others

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Nature of Litigation

Criminal writ petition

Submissions/Arguments

Learned APP submits that he will bring the deficiency to the notice of the Superintendent of Police and find out whether a fresh affidavit will be filed.

Judgment Excerpts

After reading the contents, we are constrained to comment that the Superintendent of Police, Beed, has either not read the draft of affidavit or in spite of reading did not correct the errors and has sworn the same unmindfully. This attitude is not palatable. S.O. to 09.08.2012.

Procedural History

The matter came up for hearing on 06.08.2012 before the High Court. The court examined an affidavit filed by the Superintendent of Police, Beed, and found deficiencies. The learned APP sought time to address the deficiency, whereupon the court adjourned the matter to 09.08.2012 and issued directions as above.

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High Court Bombay High Court Criticizes Superintendent of Police for Filing Defective Affidavit and Directs Fresh Affidavit. Court Observes that Affidavit Was Sworn Unmindfully Without Correcting Errors, Calling It Not Palatable.