DHANRAJ RAJARAMJI NAGDIVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Ms. S.N. Thakur, learned A.P.P. waives service for Respondent No.1- State. With consent of learned Counsel for the parties, the petition is taken up for final hearing.

(2.) The present Petition is filed under Article 227 of the Constitution of India read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is praying for quashing and setting aside the order dtd. 21/07/2025 passed below Exh.21 by the learned Sessions Judge, Amravati, in Criminal Appeal No.100/2023, wherein the application at Exh.21, preferred under Sec. 391 of the Code of Criminal Procedure, 1973, for permission to lead additional evidence by examining Chandrapal Meshram came to be rejected by the learned Sessions Judge, Amravati.

(3.) Brief facts of the case are that, the petitioner filed an application before the Learned Judicial Magistrate First Class, Amravati, under Sec. 156(3) of the Code of Criminal Procedure, seeking direction to register the First Information Report for the offences punishable under Ss. 420, 468, 471, 403 and 406 of the Indian Penal Code, 1860. Accordingly, the learned Magistrate was pleased to issue directions under Sec. 156(3) and on that basis, First Information Report No.282/2013 was registered against the respondent No.2.