BALU @ SAMBHAJI VASTAD PALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal at the stage of admission.

(2.) Heard Shri. P. G. Tambade, learned Counsel h/f Mr Santosh S. Jadhavar, learned Counsel for the petitioners and Mrs Vaishali S. Chaudhari, learned Assistant Government Pleader for respondent /State.

(3.) The petitioners are facing prosecution u/s 326, 143, 147, 148, 149, 427, 323, 504 and 506 of the Indian Penal Code in Sessions Case No. 77 of 2013 before the learned Additional Sessions Judge, Ahmednagar and u/s 3(i)(x) and 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by way of Sessions Case No. 77 of 2013 before the learned Additional Sessions Judge, Ahmednagar. The said cases are partheard and the application filed by the petitioners herein dt. 11.04.2018 (Exh. 107) for summoning defence witnesses viz. Medical Officer of Shri Hospital, Tq. Pathardi, Dist. Ahmednagar and Maharashtra State Electricity Distribution Company Ltd., (MSEDCL) Pathardi, Tq. Pathardi, Dist. Ahmednagar, along with the concerned record, was rejected. Again similar application for issuing summons was filed on 19.04.2018 (Exh. 109) but the same has also been rejected. The liberty was given to the accused to call flour mill owners as their defence witnesses.