KAMLAKAR ATMARAM KADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed for quashing the order of the learned JMFC, Panvel rejecting the application made by the petitioners-accused to examine the Investigating officer under section 243 (2) of the Criminal Procedure Code.

(2.) THE prosecution was initiated against the petitioners for the alleged offence under section 323 of Indian Penal code on the complaint lodged with the police. The evidence of the prosecution witnesses was led and, thereafter, the petitioners-accused were examined under section 313 of criminal Procedure Code. Thereafter an application was made on behalf of the petitioners-accused to summon the investigating Officer for the purpose of bringing on record the contradictions or the omissions in the evidence of the prosecution witnesses. It is stated in the petition that the investigating Officer was not examined and, therefore, the accused had no opportunity to bring on record the omissions and contradictions of the prosecution witnesses before the court. For that purpose an application was made on 20-7-1992 which was dismissed by the learned JMFC, Panvel by his order dated 15th September, 1992.

(3.) FROM the perusal of the order it is clear that the application of the accused was dismissed on the ground that when the accused were called upon to enter upon their defence they replied in the negative stating that they did not want to examine any defence witness and that there was no question of summoning any witness under section 243 (2) of the Criminal Procedure Code.