(1.) Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.
(2.) The Applicants by this Criminal Application challenge the order dated 18th Dec. 2018 passed by the learned Additional Sessions Judge, Thane by which order the application (Exhibit 137) filed by the prosecution for examining two witnesses came to be allowed and accordingly witness summons came to be issued to Police Hawldar Bhagvat and Police Constable Rupesh Patil. By the impugned order, it is made clear that the I.O. or in-charge of concerned police station is required to record statements of said witnesses under Sec. 161 of Cr.PC. and supply copy of the same to the defence in advance.
(3.) The facts giving rise to filing of the present Criminal Application can in brief be stated thus:-