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Power of Investigating officer/agency to place materials before court during trial

In Rajesh S/O. Mukundsingh Thakur vs State Of Maharashtra, an application moved by the investigating officer for sending muddemal property consisting of mobile phones and memory card for forensic examination, has been allowed. The principal grievance of the petitioners is that the said property was seized on 14.09.2012 when the petitioners were arrested and that after about more than five years, such an application for sending the property for forensic examination could not have been entertained by the trial Court, particularly when one panch witness had been already examined and part of the examination-in-chief of the complainant was already over that prejudice would be caused to them if the same was allowed.

The Bombay High Court referring to judgments in  C.B.I. .vs. R.S. Pai  & Amrutbhai Shambhubhai Patel .vs. Sumanbhai Kantibhai Patil and ors, decided that that the investigating officer/agency, has the power at any stage of trial, to place before the Court such material that would assist the investigating agency to put forward its case. In this situation, the argument of prejudice would not come to the rescue of the petitioners. Accordingly, the writ petition is found to be without merit and it is dismissed.

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