LAWS(BOM)-2022-4-302

SUHAS RATNAKAR MOREY Vs. DHANRAJ TULSHIRAM KHAPARDE

Decided On April 26, 2022
Suhas Ratnakar Morey Appellant
V/S
Dhanraj Tulshiram Khaparde Respondents

JUDGEMENT

(1.) Heard Mr. Naik, learned Counsel for the petitioner and Mr. Awode, learned Counsel for the respondent. Rule. Rule returnable forthwith.

(2.) By an order dtd. 23/02/2022, while issuing notice, the contention advanced by Mr. Naik, learned Counsel for the petitioner in this regard, have been summarized as under :

(3.) It is in continuation of the above, it is contended by Mr. Naik, learned Counsel for the petitioner that the procedure followed by the learned State Commission in conducting the matters under Sec. 27 of the C.P. Act, 1986, would indicate that there is absolute breach of the requirements of law, inasmuch as the learned State Commission by refusing to record the evidence of the complainant, permit cross-examination and so also permit leading of defence evidence, has violated the mandate of Sec. 27 (1) and (2) of the C.P. Act, 1986 as well as Ss. 260, 262 and 254 of the Cr.P.C. This being so, it is contended that the entire procedure adopted by the learned State Commission in conducting the proceedings under Sec. 27 of the C.P. Act, 1986, being in contravention to the above provisions, was not sustainable and was liable to be quashed and set aside and the impugned orders were also likely to be rendered with the same fate.