Shri Vijay Mulchand Shah And ORS. v. Rachana Vijay Shah

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8-revn-80.2015.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 80 OF 2015 Vijay Shah and Ors.

... Applicants

Versus

Rachana Vijay Shah and anr.

... Respondents Mr. Anil Lalla along with Ms. Beerta Bajwa i/by Lalla & Lalla for the applicants.

Smt. Mahalaxmi Ganapati i/y Jayaker and Partners for respondent no. 1. Mr. Rajesh More, A.P.P. for state.

CORAM : M.L. TAHALIYANI, J.

DATED : MARCH 31, 2015 P.C.

Admit. By consent heard finally.

2.

Heard counsel for the parties.

3.

The issue is very trivial and time of the trial court and this court is being wasted for such trivial issue. The issue involved is whether the police officer who recorded the roznama dated 30th October, 2010 and 1st November, 2011 of Social Service Branch, Mumbai shall be allowed to be examined as a witness for respondent no.1. Admittedly there are entries dated 30th October, 2010 and 1st November, 2011. I do not think that any prejudice would be caused to the applicant if the officer who recorded these entries (roznama) is examined as to whether such entries were made by him and as to on what

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8-revn-80.2015.sxw basis such entries were made. Criminal Revision Application is therefore, dismissed.

4.

The order passed by the Magistrate is maintained. However, it is made clear to the learned Magistrate that the police officer will be examined with regard to entries i.e. 30th October, 2010 and 1st November, 2011. It is further made clear to the learned Magistrate that the police officer shall be examined only to find out whether such entries were made by him and on what basis. No questions which are not related to particular entries shall be allowed to be put to the witness.

5.

The hearing before the Magistrate is expedited. The proceedings shall be concluded within one month from the date of receipt of this order. (JUDGE)