LAWS(BOM)-2016-11-100

GANGADHAR KISHANRAO METEWAD Vs. STATE OF MAHARASHTRA

Decided On November 18, 2016
Gangadhar Kishanrao Metewad Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) Heard Mr. Vijay Sharma, learned Advocate for Petitioner and Mr. K.N.Lokhande, learned A.P.P. for respondent ­ State. The petitioner takes exception to the order passed by the learned Judicial Magistrate First Class, [Court No. 3], Kannad, District Aurangabad, by which the applications filed by the petitioner/accused seeking adjournment to cross examine the prosecution witnesses are rejected and as a consequence, the petitioner/accused has lost an opportunity of cross examining the prosecution witnesses.

(3.) Though, I find that the impugned order does not suffer from any error of jurisdiction, considering the proposition laid down in the judgment given in the case of P.Sanjeeva Rao Vs. State of Andhra Pradesh reported in (2012) 7 Supreme Court Cases ­ 56, and the facts of the present case, the following order is passed to sub- serve the ends of justice.