HARIBHAU VITAL PHARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. The matter is taken up for final hearing with consent.

(2.) The applicants, who are original accused Nos. 1 and 2 in R. T. C. No. 119/-1996, under sections 109 and 494 of Indian Penal Code pending before j. M. F. C. Shrigonda, have filed this application invoking section 482 of Criminal procedure Code to quash and set aside the order passed by learned J. M. F. C. on the application of the complainant, who is respondent No. 2 before this Court, for calling certain witnesses under section 311, Criminal Procedure Code.

(3.) According to the applicants, the case was pending before J. M. F. C. since 1996 against as many as 15 accused persons. It is contended that the complainant/respondent No. 2 had completed and closed her evidence and filed purshis to that effect on 18-12-2003. Thereafter, the matter was fixed for arguments. However, suddenly on 26-8-2004 respondent No. 2 filed application exh. 157 seeking permission to examine 9 more witnesses and direction for issuance of summonses to some of them. The application was opposed by the accused persons including the present applicants. However, after hearing both the parties, the learned Magistrate passed the impugned order on Exh. 157 on 9-9-2004, allowing that application. According to the applicants, the said order is contrary to the principles of natural justice, equity and good conscious. No reasons are given in the application, how the evidence of the abovesaid witnesses is necessary for the just decision nor any such reason was given in the impugned order. It is contended that the learned Magistrate failed to take note that the evidence was closed by the complainant long back on or about 18-12-2003. It is contended that the learned trial Court did not apply the case law properly. On these grounds, the applicants sought the said order to be quashed.