Court will not record approver’s statement now

Judicial magistrate first class S M Padolikar was to record the statement. After Choudhary was produced before the court around 12 noon on Thursday for in-camera recording,Aloor argued that he wanted time to file a writ petition in the Bombay High Court and needed time for it. The court gave him three weeks to appeal in the court against its own order of allowing Choudhary to become an approver. Aloor said he will file the writ next week.

Aloor said Choudhary was allowed to become an approver under the condition that he must give true and complete disclosure of the crime. “However,Choudhary was not present during Pujari’s muder. Hence,he cannot tell the complete incidence of crime,” Aloor said.

He added that as per SC,a judicial magistrate cannot record an approver’s statement. It has to be done by the sessions judge or additional sessions judge. Special public prosecutor Harshad Nimbalkar,however, said he has not received any notice about the stay order.

Choudhary had shown willingness to turn approver in the case through an application on July 22. Special public prosecutor Harshad Nimbalkar had filed a say in the court on July 6,stating that the prosecution had no objection if Choudhary was ready to make full and true disclosure of the circumstances of the crime within his knowledge.

According to the chargesheet,Chaudhary was not present during the murder.

Nayana,an employee of Synechron,was allegedly kidnapped,robbed and gangraped on October 7,2009.