This short order rejects a criminal writ petition where petitioners challenged the rejection of their application to allow a non-lawyer power-of-attorney holder to cross-examine a prosecution witness, noting that petitioners were already represented by an advocate.
Petition rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.811 OF 2008
Popat Husain Khamkar & others...Petitioners
vs.
State of Maharashtra...Respondent
Mr.N.R.Bubna for the petitioners
Mr.Y.M.Nakhawa A.P.P. for State
CORAM: A.S.OKA,J.
DATE : AUGUST 21,2008
P.C.:
1. Heard Advocate for the Petitioners and the learned A.P.P
for State. The petitioners are accused in pending Sessions
Case. The prosecution wanted to examine the Medical Officer
Dr.Bhamre to prove the post mortem notes. An application was
made by the petitioners stating that they have executed power
of attorney in favour of a Medical Practitioner and the said
Medical Practitioner may be permitted to cross examine the
said prosecution witness. The said application has been
rejected by the impugned order.
2. Admittedly, the petitioners have engaged services of an
Advocate who continues to represent them. The power of
attorney holder of the petitioners is not an Advocate. The
learned Trial Judge was right in rejecting the prayer made by
the Petitioners for permitting the said Constituted Attorney
of the Petitioners to cross examine the prosecution witness
especially when the petitioners are represented by an
Advocate. No case is made out for interference with the
impugned order. Petition is rejected.
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JUDGE
1 issue framed by the court
Whether the investigation agency can be impugned stage.
Popat Husain Khamkar & others
State of Maharashtra
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court