KALYAN Vs. ADV. TILLOTTAMA CHUDAMAN PATIL

JUDGEMENT

(1.) Heard Mrs. S.B. Warma, the learned Counsel holding for Mr. B.R. Warma, the learned Counsel for the petitioners. Heard Mr. P.P. More, the learned Additional Public Prosecutor, for the respondent no.2.

(2.) The petitioners are the accused in Summary Criminal Case No. 346/2011, pending before the Judicial Magistrate (First Class), Amalner. The case arises on a complaint filed by the respondent no.1 herein and in respect of offence punishable under Section 500 of the IPC read with Section 34 of the IPC. The petitioners have approached this Court, invoking its jurisdiction under Articles 226 and 227 of the Constitution, praying that by a writ of certiorari, or any other appropriate writ, direction or order, the order dated 21-12-2013, passed by the learned Magistrate, rejecting the application (Exhibit 85) made by the petitioners, for recording their statement under Section 313 of the Code of Criminal Procedure [For short, "the Code"], afresh, be quashed and set aside, and that the learned Magistrate be directed to record the statement of each accused afresh.

(3.) The grievance of the petitioners is that, the examination of the petitioners, as contemplated under Section 313 of the Code, was not done properly by the learned Magistrate. It is submitted that, composite questions were asked to the petitioners and, as such, it was not possible for the petitioners to give proper replies to those questions. It is submitted that, this is causing prejudice to the petitioners.