STATE OF MAHARASHTRA Vs. SATISH SANJAY RAMTEKE

JUDGEMENT

(1.) By this application, the applicant/State is challenging the order passed by the learned Additional Sessions Judge-11, Fast Track Special Court/POCSO Court, Nagpur on 21/1/2026 in Special Case No.262/2018 below Exh. 1.

(2.) From the order it reflects that the case was posted for recording evidence of prosecution as the case being part heard. It is mentioned in the order that the summons report was filed before the Court which discloses that summons is served through mobile phone to the witnesses. Witnesses namely Gunjal Prabhakar Kharabe and Dnyeshwar Sitaram Munde are absent. Service of summons through mobile phone to the witnesses is not allowed. Therefore, due to non-service of the summons by legal mode case is delayed and in that circumstances, the Special Judge has imposed the cost on the concerned Constable.

(3.) Heard learned learned Public Prosecutor for the applicant/State, who submitted that in fact the order is passed by ignoring the provisions of law i.e. Sec. 70 and Sec. 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'). He also submitted on the factual aspect so also the order passed by the Special Court is wrong and illegal. He invited my attention towards the summons report and submitted that initially, the summons was served on the witnesses and the date communicated to them on 3/11/2025. Thereafter, the summons was again reissued on 3/11/2025 which was never handed over to the concerned Constable to serve the same. He has also placed reliance on the diary, which is maintained by the concerned Constable regarding the receipt of the summons from the Court.