A three-judge bench, on two separate applications, dismissed the Applicants' request to intervene in Writ Petition No.793 of 2007. The Court held that mere status as witnesses to a complaint does not entice stands to intervene.
Application for intervention in Writ Petition No.793 of 2007 is rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPLICATION NO.248 OF 2007
IN
WRIT PETITION NO.793 OF 2007
Khangaram Mangaram Choudhary
and Ors. ..Applicants
Vs.
The State of Maharashtra
& Ors. ..Respondents
...
Mr.R.D.Suryawanshi Advocate for applicants
Mrs.A.S.Pai APP for State
CORAM: R.M.S.KHANDEPARKAR, AND
SMT.V.K.TAHILRAMANI, JJ.
DATE : SEPTEMBER 05, 2007
P.C.:
1. Heard the learned Advocate for the Applicants
and the learned APP for the State.
2. The only ground on which the Applicants are
seeking to intervene in Writ Petition No.793 of
2007 is that they are witnesses to the incidents
alleged in the original complaint by the Respondent
No.2 and that therefore, they have interest in the
outcome of the petition. The contention is totally
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devoid of substance. Merely because the applicants
happened to be witnesses even assuming that their
contention in this regard is true, they are not
entitled to be heard in the matter in relation to
the Writ Petition filed by the State pertaining to
the complaint filed by Respondent No.2 before the
learned Magistrate. On this ground, this
application is liable to be rejected and is hereby
accordingly rejected.
[R.M.S.KHANDEPARKAR, J.]
[SMT.V.K.TAHILRAMANI,J.]
2 issues framed by the court
Whether witnesses to a complaint are entitled to intervene in a writ petition filed by the State.
Whether the interest of applicants as witnesses justifies intervention in the writ petition.
Khangaram Mangaram Choudhary and Ors.
The State of Maharashtra and Ors.
R.M.S.Khandeparkar
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court