Case Note & Summary
The State of Maharashtra, through the Police Station Officer, Anti-Corruption Bureau, Gadchiroli, filed a criminal revision against an order dated 20.7.2009 passed by the Ad hoc Additional Sessions Judge, Gadchiroli (Special Court) in Special Case No. 1 of 2002. The impugned order had closed the State's opportunity to examine a witness. The respondent, Gopal s/o Gokalchand Das, was the accused in the case. During the hearing, the respondent's counsel, Mr. V.N. Morande, fairly stated that the State should be allowed to examine the witness but with a condition that the witness must remain present on the next date, 16.2.2010, and no further adjournment should be sought. The State's counsel, Mr. A.D. Sonak, agreed to this condition. The High Court, presided over by Justice A.B. Chaudhari, quashed the impugned order and directed the State to examine the witness on 16.2.2010. The court emphasized that no further adjournment would be granted. The criminal revision was disposed of with no order as to costs.
Headnote
A) Criminal Procedure - Examination of Witnesses - Right to Lead Evidence - Prevention of Corruption Act, 1988 - State sought to examine a witness after trial court closed evidence - High Court quashed the impugned order and allowed examination on a fixed date with consent of both parties - Held that with consent and assurance of no further adjournment, the witness should be examined (Paras 2-4).
Issue of Consideration
Whether the State should be allowed to examine a witness before the Special Court after the trial court had closed the evidence.
Final Decision
Impugned order dated 20.7.2009 below Ex.41 in Special Case No. 1 of 2002 passed by Ad hoc Additional Sessions Judge, Gadchiroli (Special Court) is quashed and set aside. Applicant to examine the witness before the Special Judge on 16.2.2010. No order as to costs. Criminal Application stands disposed of.
Law Points
- Right to examine witnesses
- Adjournment
- Consent order
- Speedy trial
Case Details
2010 LawText (BOM) (01) 40
Criminal Revision No. 199 of 2009
A.D. Sonak for Applicant, V.N. Morande for Respondent
State of Maharashtra, Through P.S.O., A.C.B., Gadchiroli
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Nature of Litigation
Criminal revision against order of Special Court closing opportunity to examine witness
Remedy Sought
State sought to set aside the impugned order and be allowed to examine a witness
Filing Reason
The Special Court passed an order on 20.7.2009 below Ex.41 in Special Case No. 1 of 2002, which the State challenged
Previous Decisions
Impugned order dated 20.7.2009 by Ad hoc Additional Sessions Judge, Gadchiroli (Special Court) in Special Case No. 1 of 2002
Issues
Whether the State should be allowed to examine a witness after the trial court closed evidence
Submissions/Arguments
Respondent's counsel fairly stated that State should be allowed to examine witness with condition that witness remains present on 16.2.2010 and no further adjournment sought
Applicant's counsel agreed to the condition and stated witness would appear on 16.2.2010 and give evidence
Ratio Decidendi
With consent of both parties and assurance of no further adjournment, the State should be allowed to examine the witness on a fixed date to ensure fair opportunity to lead evidence.
Judgment Excerpts
Mr.Morande, learned counsel for contesting respondent, in fairness stated that the applicant/State should be allowed to examine the witness before the Special Court but with a rider that the witness must remain present before the Special Court on the next date, namely 16.2.2010 and no further adjournment should be sought by the State.
Impugned order dated 20.7.2009 below Ex.41 in Special Case No. 1 of 2002 passed by Ad hoc Additional Sessions Judge, Gadchiroli (Special Court) is quashed and set aside. Applicant to examine the witness before the Special Judge on 16.2.2010.
Procedural History
The State filed Criminal Revision No. 199 of 2009 against the order dated 20.7.2009 passed by the Ad hoc Additional Sessions Judge, Gadchiroli (Special Court) in Special Case No. 1 of 2002. The High Court heard the matter on 5.1.2010 and disposed of the revision with consent of both parties.
Acts & Sections
- Prevention of Corruption Act, 1988:
