Bombay High Court
Habeeb S/O Chandulal Tamboli vs The State Of Maharashtra And Anr on 30 November, 2016
Bench: Z.A. Haq
(1) Cri. W.P. No. 1352 of 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Criminal Writ Petition No. 1352 of 2016
District : Aurangabad
Habeeb s/o. Chandulal Tamboli,
Age : 67 years,
Occupation : Pensioner,
Residing at Silkmill Colony,
Aurangabad. .. Petitioner.
versus
1. The State of Maharashtra,
through the Superintendent of
Police, ACB,
Jalna. .. Respondent no.1.
2. Mr. U.R. Telgaonkar, Esquire,
The Special Judge, .. Respondent no.2
PC Act, Aurangabad. deleted.
............
Mr. Hemant Surve, Advocate, for the petitioner.
Mr. K.N. Lokhande, Addl. Public Prosecutor, for
respondent no.1.
Respondent no.2 deleted.
............
CORAM : Z.A. HAQ, J.
DATE : 30TH NOVEMBER 2016
(2) Cri. W.P. No. 1352 of 2016
ORAL JUDGMENT :
Heard Adv. Mr. Hemant Surve for the
petitioner, and APP Mr. K.N. Lokhande for respondent
no.1 - State of Maharashtra.
The learned Advocate for the petitioner, on
instructions, seeks permission to delete the name of
respondent no.2 from the cause title and also all
adverse allegations made against Presiding Officer in
the body of Writ Petition.
Permission granted.
02. Rule. Rule made returnable forthwith.
03. The petitioner has assailed the order passed
by the learned Special Judge on 01st July, 2016 by
which the petitioner is directed to pay Rs. 01,000/-
to the witness from Pune and Rs. 02,000/- to the
witness from Palghar, while allowing the application
filed by the petitioner praying that the order passed
on 02nd of May, 2016 to proceed with the matter
without cross examination of the witness on behalf of
the accused be set aside. The petitioner has also
assailed the order passed by the learned Special
Judge imposing costs of Rs. 10,000/- for granting
prayer of the petitioner (accused) to recall the
witness for cross-examination.
(3) Cri. W.P. No. 1352 of 2016
04. Though the impugned orders cannot be said to
be unjust or improper in the background as recorded
in the orders, in my view, interests of justice would
be sub-served by passing the following order :-
(a) The learned Special Judge shall recall the
witness [PW 2 - Mahendra Bhokre] to enable the
accused to cross examine him. The opportunity is
given to the accused as last chance and subject to
depositing Rs. 2,000/- towards the expenses in the
matter.
(b) If the accused fails to deposit the amount of Rs.
2,000/- with the Sessions Court within one month
and / or fails to cross examine the witness on the
date on which the witness remains present, the
accused will lose the opportunity and the learned
Special Judge will proceed further according to law.
(c) The directions given by the learned Special Judge
to the accused to pay costs of Rs. 10,000/- for
recalling the witness are set aside.
(d) The impugned order dated 01st July, 2016 is not
interfered with and is maintained.
(e) The impugned order dated 18th August, 2016 is
modified as above.
(4) Cri. W.P. No. 1352 of 2016
(f) Rule is made absolute in the above terms. In the
circumstances, parties to bear their own costs.
( Z.A. HAQ )
JUDGE
..........
puranik / CRIWP1352.16
