The appellate court allowed the appeal and remanded the case to the trial court as the complainant was not cross-examined. The impugned judgment and order were quashed, and the matter was disposed of.
The appeal is allowed, the impugned judgment and order are quashed, and the matter is remanded to the trial court to complete the hearing.
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.
APEAL-755.2012
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
CRIMINAL APPEAL NO.755 OF 2012
The State of Maharashtra.... Appellant
Vs.
Krishna Babu Mate.... Respondent
Smt. S.V. Sonawane, APP, for the Appellant.
Shri Shreeram Shirsat for the Respondent.
DATED: JULY 06, 2012
P.C:
Not on board.
2.For the reasons recorded in the
application for leave to file appeal being
Criminal Application No.1132 of 2011, by
consent, the appeal is taken up for hearing
forthwith. Heard. Since the complainant has not
been cross-examined, it would be appropriate to
remand the matter back to the trial Court for
completing the hearing of the case. The appeal
is, therefore, allowed. The impugned Judgment
and Order are quashed and set aside. The
learned Magistrate shall complete the
examination of the complainant affording
Page 1 of 2
sjs APEAL-755.2012
appropriate opportunity to the accused to
defend himself and decide the case afresh. The
appeal accordingly stands disposed of.
3.The observations in this order may not
be referred to by the learned Magistrate while
deciding the case on merits.
Page 2 of 2
1 issue framed by the court
Whether the matter should be remanded to the trial court for completion of the prosecution's charge sheet.
The State of Maharashtra
Krishna Babu Mate
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court