PRADEEP NAROTTAMDAS HARSORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering a short issue involved in this Writ Petition, it is heard at an admission stage itself. Rule. Mr. Saste, learned APP waives notice for Respondent No.1-State.

(2.) The present two Petitioners are the original Accused Nos.1 and 2 in Criminal Case, bearing Nos.C.C. No.108/PW of 2005 pending before the the Court of Metropolitan Magistrate, 40th Court, Girgaum, Mumbai. This is a prosecution for an offence punishable under Ss. 467, 471, 402 read with 34 of the Code of Criminal Procedure, 1973 ("Code"). D.B. Marg Police Station, Mumbai filed a charge-sheet against these two Petitioners and even recording of evidence has started. One Kusum Narottamdas Harsora gave evidence as P.W.1. She was cross examined by both these Petitioners. The evidence is lengthy and its copy is filed on Pg.15 to Pg.36.

(3.) When P.W.1 was under cross examination by these Petitioners, the Prosecution preferred an application under Sec. 319 of Code below Exhibit "87 ". The prayer was for impleading one Ms Anita Harsora, i.e. the present Respondent No.2 as an accused. It was allowed by the learned Magistrate as per Order dtd. 30/3/2012 and therefore charge was also framed against the Accused No.3. This Court set aside the said Order and directed the Trial Court to decide the impleadment application after cross examination of P.W.1.