AVINASH ANANT LATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Writ Petition is filed against the order dated 5.4.1995 passed by the Chief Judicial Magistrate, Kolhapur, below exh. 148 in R.C.C. No. 34 of 1992. By the aforesaid decision, the trial Court rejected the application exh. 148 filed by the present petitioner for exhibiting the report given by one Mr. Basu in the departmental enquiry. Heard both the sides. Rule, returnable forthwith.

(2.) IN this matter, in a departmental enquiry, Mr. Basu has submitted his report. When Mr. Basu was in witness-box in a trial, he was asked questions in the examination-in-chief as regards the report submitted by him in a departmental enquiry and the said report was also produced on record. Thereafter, all the accused cross-examined this witness on this report. It appears that, thereafter, the present petitioner filed an application to exhibit the said document. The trial Court, however, rejected the said application on the ground that alongwith the charge-sheet, though the aforesaid report was available, the prosecution has not relied upon the same and, therefore, the same cannot be allowed to be exhibited. In my opinion, independent of what has happened, at the time of filing the charge-sheet, when Mr. Basu was in the witness-box, questions were asked with reference to the report submitted by him and cross-examination was also with reference to the said document. From his deposition with reference to the said report, it is clear that execution of the said document by this witness was admitted by him and, therefore, this document ought to have been exhibited to form the part of the trial.