Chandrakant S/O Bhaiyyaji ... vs State Of Mah. Thr. Pso Ps Walgaon ...
2022 Latest Caselaw 2476 Bom

                                                                                            (1)                                                 38.revn.57.2022

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

                              CRIMINAL REVISION APPLICATION NO.57 OF 2022

                                      Chandrakant s/o Bhaiyyaji Rakhunde and others
                                                           Vs.
                                            State of Maharashtra and another
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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             Mr. C. G. Barapatre, Advocate for applicants.
             Mr. Dubey, APP for non-applicant no.1/State.


                                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 11/03/2022

Heard Mr. Barapatre, learned counsel for the applicants, who contends that though the learned Judicial Magistrate First Class by order dated 16.02.2018 has acquitted the applicants / accused (page 49) on the ground, that the prosecution failed to secure attendance of PW-1 Anurag, whose presence after being examined partly, was not secured for the cross-examination by the prosecution and so also as the prosecution failed to secure the attendance of the other witnesses, On an appeal filed by one of the victims / non-applicant no.2, the learned Sessions Court, has without considering the conduct of the prosecution, by the impugned judgment dated 08.02.2022 quashed and set aside the order of acquittal and remanded back the matter for trial within six months from the date of receipt of record of the Appellate Court. It is contended that the remand has caused great prejudice to the applicant, who stood (2) 38.revn.57.2022

acquitted, may be on account of default of the prosecution to procure the witnesses.

Issue notice to the non-applicants, returnable on 21.3.2022. Mr. Dubey, learned APP waives notice for the respondent no.1/State.

In the meantime, the proceedings before the learned Judicial Magistrate First Class shall stand stayed till the returnable date.

JUDGE Sarkate

Digitally signed byANANT R SARKATE Signing Date:11.03.2022 17:15