JAHIRABEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith and heard finally with the consent of the parties. Heard learned counsel for the Petitioner, learned A.P.P. for Respondent No. 1 State and learned counsel for Respondent No. 5. Respondent Nos. 2 to 4 though served, are not present.

(2.) THE Petitioner, who was Respondent No. 2 in Criminal M.A. No. 135 of 2011 pending before the Judicial Magistrate, First Class, Paranda, is aggrieved by the order of the Judicial Magistrate, First Class directing Respondent No. 2 to lead her evidence first and thereafter lead evidence of her witness and further directing her to specify whether she wants to lead her evidence or she only wants to lead evidence through witness. Against the order passed by the trial Court, Criminal Revision No. 65 of 2013 was filed before the Sessions Judge, Osmanabad. The Sessions Judge, rejected the said Revision by order dated 12th July, 2013.

(3.) LEARNED counsel for Respondent No. 5 submitted that although Section 28 of the Protection of Women from Domestic Violence Act, 2005, in sub section (2) gives choice to the Magistrate regarding following its own procedure, but according to the counsel, the same must be as per the provisions of Code of Criminal Procedure, 1973.