KISHORE GOPICHAND RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) A very strong case has come before this Court by way of a criminal application filed by the applicant who happens to be a witness in Criminal Case No. 144 of 1996 pending in the Court of 2nd Joint Civil Judge, J. D. and J. M. F. C. , Ulhasnagar. The parties are State-complainant and Hari Narayan Talreja and one another. This prosecution revolves around the provisions of M. R. T. P. Act. Though a revision petition has been filed by the petitioner, this Court is taking cognizance of this petition in view of provisions of section 482 of the Code of Criminal Procedure, 1973 and thinks it proper to exercise its inherent power for ensuring the smooth course of administration of justice. This Court finds it necessary to invoke inherent powers of this Court for the purposes of neeping out such improper practices which are being followed as it has been depicted by the present matter, in the interest of justice and for benefit of public at large.

(3.) MRS. Gupta pointed out that the petitioner and other prosecution witnesses were summoned to give evidence as prosecution witnesses in the said criminal case by the order of the trial Court on 6-8-2000. They remained present in the Court on 24-8-2000 but their evidence was not recorded. Hearing of the said case was adjourned to 13-9-2000. On that date also the petitioner and other prosecution witnesses who were earlier present in the Court on 24-8-2000 were present. The hearing was adjourned to 5-10-2000. On 5-10-2000 also the present applicant was present in the Court for giving evidence along with other witnesses. The case was not taken up for hearing and was adjourned to 24-10-2000. On 24-10-2000 also the applicant and other witnesses were present. Their evidence was not recorded and hearing was adjourned to 4-11-2000. The present applicant was also present on 4-11-2000. His evidence was not recorded and the trial was adjourned to 21-11-2000. On 21-11-2000 also the present applicant was present. His evidence was not recorded and the hearing of the case was adjourned to 7-12-2000. On 7-12-2000 also the present applicant was present but his evidence was not recorded and adjournment was granted and the hearing was adjourned to 18-1-2001. The Court ordered that the accused should pay the witnesses costs of Rs. 50/- per witness. On 18-1-2001 the Court ordered that the bailable warrants be issued against the witnesses who were not present on that date.