Navnit K. Mehta v. Alnoor Hasanali Jamal And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 891 OF 2014 Navnit K. Mehta ... Applicant.

V/s.

Alnoor Hasanali Jamal & Others.

... Respondents.

--- Mr. Vibhav Krishna a/w. B.R. Maurya i/by Juris Consillis, Advocate for the Applicant.

Mr.V.B.Konde-Deshmukh, APP for the State-Respondent No.9. --- CORAM : M.L.TAHALIYANI, J.

DATE : 06 JANUARY, 2015 P.C. :

Heard the learned counsel appearing for the Applicant and the learned APP for the State.

The Applicant is aggrieved by the order passed by the learned Magistrate, rejecting prayer of the applicant to cross-examine the court witness called by the Magistrate during the course of an enquiry under section 202 of the Criminal Procedure Code.

Since the complaint is filed by the applicant, he is entitled to cross-examine the witness called by the court. The order passed by the learned Magistrate is erroneous. Borey 1/2

spb/ 906apl891-14.sxw The impugned order is, therefore, set aside and the learned Magistrate is directed to allow the applicant to crossexamine the court witness. Criminal Application stands disposed of accordingly. (JUDGE) .....

Borey 2/2