Shri. Vijay S/O. Sukhdeorao Jumde vs State Of Maharashtra Thr. Pso ...
2017 Latest Caselaw 4605 Bom

 apl.64.17                                       1        

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

                CRIMINAL   APPLICATION NO.  64 OF 2017

  

  Shri Vijay S/o Sukhdeorao Jumde,
 Aged about 40 years,Occ-Nil,
 R/o Plot No.102, near Ram Mandir,
 Ayodhyanagar,Nagpur.                                         .....  APPLICANT

       ...V E R S U S...

  
 State of Maharashtra, 
 Through Police Station Officer, 
 Police Station Hudkeshwar,Nagpur              ...NON-APPLICANT
 -------------------------------------------------------------------------------------------
 Shri  S.M.Ghodeshwar Advocate for the   applicant.
 Shri N.B.Jawade, A.P.P. for State
 -------------------------------------------------------------------------------------------

                               CORAM:- V. M. DESHPANDE, J.

DATED :- JULY 17,2017

ORAL JUDGMENT

Rule. Rule is made returnable forthwith. Heard finally

by consent of learned counsel for the parties.

2. When the complainant was under cross-examination

her previous statement was put to her to contradict her. The said

application is rejected by learned Court below on 4/8/2016.

Admittedly, The complainant has her previous statement in the

restitution of the conjugal rights matter. Therefore the applicant

right to point out her previous statement at the time of her cross-

examination. The Court below has committed mistake in not

allowing the applicant to point out her previous statement.

3. The order dated 4/8/2016 passed by learned Court

below is hereby quashed and set aside. The applicant is permitted

to confront previous statement of complainant during her cross-

examination.

Rule is made absolute with no order as to costs.

JUDGE

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