RAVINDRANATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant has challenged order dated 30/08/2014 passed by the Court of Judicial Magistrate First Class, Court No.9, Nagpur, whereby an application at Exhibit-76-A filed on behalf of respondent No.2 under section 311 of the Code of Criminal Procedure (Cr.P.C.) was allowed in so far as the applicant is concerned. The other orders challenged by the applicant are order dated 02/09/2015 passed by the very same Court rejecting an application at Exhibit-82 filed by the applicant for recalling of the witness summons issued to him and order dated 30/03/2016 dismissing a revision application filed by the applicant challenging the order dated 02/09/2015 passed by the Court of Magistrate.

(2.) The facts in brief leading to filing the present application are that in a proceeding bearing Regular Criminal Case No.4250 of 2008, wherein respondent No.2 is arrayed as an accused, after the evidence of the defence was closed, respondent No.2 (original accused) moved an application at Exhibit-76-A under section 311 of the Cr.P.C., asking the Court of Magistrate to exercise power under the said provision in order to issue witness summons to five persons. One of the persons, who was sought to be examined in terms of the said application, is the applicant before this Court. Admittedly, he happens to be an Advocate representing the original complainant in a civil proceedings initiated by the respondent No.2 (original accused). By the impugned order dated 30/08/2014, the said application was allowed. Consequently witness summons were issued to the applicant herein.

(3.) On 26/11/2014, the applicant filed an application at Exhibit-82 seeking recall of the witness summons issued by the Court of Magistrate. By order dated 02/09/2015, the said application was rejected by the Magistrate, stating that there was no power available under the Cr.P.C. to entertain the said application for recalling witness summons. Aggrieved by the same, the applicant filed revision application before the Sessions Court and by judgment and order dated 30/03/2016, the Sessions Court, Nagpur, dismissed the application.