Single judge set aside the impugned order rejecting the defense's application for summons to examine a witness under Cr.P.C. 313 due to lack of reasons, directing the Special Judge to pass orders while trial remains pending.
Impugned order rejected on Exhibit-95 set aside; Special Judge directed to pass order on application.
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.
1/2 13 WP 2959-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2959 OF 2023
Pradip Vasant Hegade .. Petitioner
Versus
State of Maharashtra
.. Respondent
Mr. Rahul Walvekar with Mr.Kush M. Lahankar for the petitioner. Mr.Y.M. Nakhwa, APP for the State.
CORAM: BHARATI DANGRE, J. DATED : 6th SEPTEMBER, 2023
P.C:-
1 On 19/4/2023, the petitioner/accused took out an application for issuance of summons to a witness which he intended to examine in his defence. The application is rejected by the Special Judge on 24/4/2023, but when the order is perused, it is devoid of any reasons qua Exhibit-95 and what the learned Judge has decided, is the application at Exhibit-38.
2 Since it is informed that the application of the prosecution to recall the witness u/s.313 of Cr.P.C is allowed, and in that case, the accused will have to again be called for examination.
Tilak
2/2 13 WP 2959-23.doc
3 Since it is the right of the accused to examine the witness in the defence and unless the learned Judge find the application to be frivolous and vexatious intending to prolong the proceedings, it could not have been refused. However, since the impugned order do not offer any reason for rejecting the application filed below Exhibit-95, the impugned order is set aside.
The learned Judge is directed to pass an order on Exhibit-95 by keeping in mind that, in any case, on the application of the prosecution being allowed, the witness is being re-examined and the trial is not yet concluded.
With the aforesaid direction, Writ Petition is dismissed.
( SMT. BHARATI DANGRE, J.)
Tilak
2 issues framed by the court
Whether an application for summons to examine a defense witness can be rejected without reasons.
Whether the impugned order rejecting the application on Exhibit-95 should be set aside for lack of reasoning.
1 provisions across 1 enactments
Pradip Vasant Hegade
State of Maharashtra
BHARATI DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
