Applicant challenged rejection of his plea to examine two more witnesses before the Magistrate. The High Court found negligence but allowed one final opportunity, set aside the Magistrate's order, imposed Rs. 5,000 costs, and expedited disposal of the main application within two months.
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
2024:BHC-NAG:6077
3 apl 61.24.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 61 OF 2024
Lakhan Karpaji Sable
.Vs.
Vandarra Lakhan Sable and another
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. Apurv De, Advocate for the applicant. Mr.K.R. Bhise, Advocate for respondents.
CORAM : G.A. SANAP, J. DATE : 13.06.2024
Heard learned Advocates for the parties.
2 3 apl 61.24.odt..odt
the opportunity be granted to the applicant to examine two more witnesses to substantiate his defence.
ORDER
i] The application is allowed.
ii] The impugned order dated 21.10.2023 passed by the learned Judicial Magistrate First Class Mangrulpir, District Washim is set aside.
3 3 apl 61.24.odt..odt
iii] The applicant is allowed to examine two witnesses subject to cost of Rs.5,000/- (Rupees Five Thousand Only).
iv] The cost be deposited before the Trial Court within a week.
v] In view of the peculiar facts, hearing of the main application is expedited. The learned Magistrate shall dispose of the main application within a period of two months from the date of the receipt of the copy of this order.
vi] The Criminal Application stands disposed of accordingly.
(G. A. SANAP, J.)
manisha
1 issue framed by the court
Whether the applicant should be granted one more opportunity to examine two additional witnesses despite prior negligence in taking timely steps.
Lakhan Karpaji Sable
Vandarra Lakhan Sable
G.A. Sanap
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
