SHILCHANDRA RAMCHANDRA LNGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule returnable forthwith. By consent of parties taken up for hearing.

(2.) THE applicant is facing trial being Sessions Trial No. 106/2008 before the learned principal Sessions Judge, Akola, under section 306 of the Indian Penal Code. On 14/9/ 2009 statement of the applicant under section 313 of Cri. P. C. was recorded, written arguments were tendered by the petitioner and the Sessions Case No. 106/2008 was adjourned to 16th September, 2009 for arguments. On 16/9/2009, the learned Principal Sessions Judge, vide Exhibit 14 framed additional charge under section 498 of the indian Penal Code against the applicant. The applicant rendered his plea. The applicant declined to plead guilty. The learned prosecutor tendered pur sis stating that the prosecution does not wish to lead additional evidence. The applicant vide Exh. 55 applied for a chance to cross-examine the witnesses on behalf of prosecution on account of framing of charge under section 498 of the Indian Penal Code. That application was rejected by the learned Principal Sessions judge on the same day i. e. by order dated 16/9/2009. The applicant immediately filed application for an adjournment requesting that the matter be adjourned for 15 days as the applicant wanted to challenge the order dated 16/9/2009. That application was also rejected on 16th September itself and the case was posted for argument on 3rd October, 2009. In the aforesaid circumstances, the applicant has approached this Court with prayer that the additional charge framed on 16/9/2009 under section 498 of the Indian penal Code should be quashed and set aside and alternatively the applicant should be permitted to recall the witnesses for facing cross-examination to be done in regard to charge under section 498 of the Indian Penal Code.

(3.) THE applicant has in para 3 of this application made a positive statement as under :