STATE Vs. MAHANAND NAIK

JUDGEMENT

(1.) HEARD . Rule with the consent of the parties. Learned Counsel waives service for the respondent. Petition is taken up for final disposal at admission stage.

(2.) THIS is a revision application tendered by the State seeking quashment of the order passed by the Additional Sessions Judge, South Goa, Margao on Exhibit 66 in Sessions Case No. 33/2009 recorded on 23/09/2014.

(3.) THE learned Counsel appearing for the respondent has supported the order passed by the trial Court and objected for consideration of the application by this Court contending that any favourable order by this Court would run contrary to the order passed by the Division Bench while disposing of the appeal. It is contended that there is a prohibition imposed in the order while remitting the matter for examination of the witnesses whose evidence has already been recorded. It is thus contended that the Single Judge dealing with the revision application as a matter of judicial discipline shall not consider the application. Reliance is placed on the judgment in the matter of Central Board of Dawoodi Bohra Community & Anr. V/s. State of Maharashtra & Anr. reported in : CDJ 2005 SC 103. It is contended that though the Court does not agree with the view taken by the Division Bench has to take steps for placing the matter before the Hon'ble Chief Justice for making reference of the matter to the larger bench. It is thus contended that it would be impermissible for this Court to pass any order which would run counter to the order passed by the Division Bench while disposing of the criminal appeal.