S.P. BHANUSHALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . By consent rule is made returnable forthwith. Respondent waive service. Heard.

(2.) IN summons Case No. 33/3/90 pending before the 31st Metropolitan Court, Bandra, on behalf of the accused persons, an application was moved on 16th January 1996 praying for supply of copies of certain documents and for recross-examination, which was opposed on behalf of the complainant and learned Magistrate by his order dated 3rd February 1996 rejected that application. Then an application was moved on the same day praying for short adjournment to move the higher court which prayer appears to have been allowed by the learned Magistrate. Accordingly, Revision Application being No.31 of 1996 came to be filed in the Sessions Court, Greater Bombay. Further, it appears from the judgment of the learned Additional Sessions Judge that he was led to believe that though the application for re-cross-examination of the witnesses was rejected by the learned Magistrate yet the same was allowed by another application and in that view, the learned Additional Sessions Judge made the following observations :