PUSHKAR DHAMLE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Rule. Rule is made returnable and heard finally with consent. In regular criminal trial for the offences punishable under Sections 211, 499 and 588 of the Indian Penal Code, the Petitioner-Applicant desires to lead evidence by way of affidavit of examination-in-chief. For that purpose, he filed application Exhibit-63, copy whereof is at page nos. 18 and 19.

(2.) The application has been rejected by the learned Judicial Magistrate First Class by order dated 28th February 2012. The said order is impugned in this Petition.

(3.) The learned Magistrate has observed that the prayer for recording evidence of the witness on affidavit cannot be granted since in summons trial since if examination-in-chief is recorded on an affidavit, the court would be deprived of the facility of watching and noticing the personality and demeanour of the witness which would be exhibited when the examination-in-chief is recorded extempore and by appearance in person.