MANILAL KASTURJI MALI Vs. SOMAJI KHETAJI MALI

JUDGEMENT

(1.) Heard Mr.M.B.Rana, learned advocate for the applicant-­original complainant.

(2.) Learned advocate for the applicant-­original complainant invited attention of the Court to Criminal Misc. Application for leave to appeal and para Nos.3 and 4 of the appeal memo. In light of the same, I have gone through the application dtd. 15/1/2013 submitted by the applicant namely Manilal Kasturji for obtaining the certified copy of the Rojkam on urgent basis of Criminal Case No.4231 of 2005 which has been disposed of vide judgment and order dtd. 1/1/2013 and for the purpose he deposited an amount of Rs.150.00­ towards the costs (copy of which is at Annexure-­C page-­19). The said proceedings have been disposed of on the ground of the complainant not remaining present and as the case was being listed at the stage of cross-­ examination of the applicant since 13/3/2008, it seemed that the complainant was not interested to proceed with the said proceedings and accordingly, the same has been disposed of under Sec. 256 of the Code of Criminal Procedure, 1973.

(3.) To challenge the aforementioned order, the applicant-­appellant herein has applied for the certified copy of the Rojkam before the Court concerned with a view to prepare his defence, but the Court concerned has rejected the said application vide order dtd. 16/1/2013 on the ground that the Rojkam is being prepared only for the Court purpose and as there is no order of the higher forum to give the copy of the Rojkam, the Court concerned did not give the certified copy of the Rojkam of the case concerned.