CHANDRAKANT SHRIRAM SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioner is the complainant in S.C.C. No. 1292/2009 pending before the Judicial Magistrate, First Class, Pachora, Dist. Jalgaon. The trial is in progress. The petitioner made an application (Exhibit 39) before the Magistrate mentioning the names of a number of persons as witnesses and praying that the said persons be summoned as witnesses. The learned Magistrate by his order dated 12.05.2011 allowed the said application only partly. The Magistrate observed that the names of three witnesses out of the names mentioned in the said application (Exhibit 39) were mentioned in the complaint, and therefore, summonses would be issued to only those three witnesses. As regards the other witnesses, the Magistrate observed as follows :

(3.) The complainant is aggrieved by the refusal of the Magistrate to summon the other witnesses: i.e. the witnesses whose names have not been mentioned in the complaint. The petitioner had approached the Court of Sessions in Revision, but the Revision application was dismissed by the Additional Sessions Judge, who heard the same.