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Bombay High CourtWP/4246/2019others disposed off

Jitendra Ashok Bhosale v. The State Of Maharashtra

2019-09-04Hon'Ble Shri Justice N. J. Jamadar,Hon'Ble Shri Justice Ranjit More.2 pages

520-wp-4246-2019.doc 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4246 OF 2019 Jitendra Ashok Bhosale .. Petitioner Vs.

The State of Maharashtra .. Respondent Mr. Satyavrat Joshi I/b S.S. Kamble for petitioner. Mr.F.R. Shaikh, APP for respondent-State.

CORAM : RANJIT MORE & N.J. JAMADAR, JJ.

DATE : 4TH SEPETMBER 2019 P.C.

Not on board. Mentioned in view of urgency. Taken on production board.

The petitioner is challenging the order dated 2nd August 2019 passed by the Assistant Commissioner of Police, Yerwada Division, Pune whereby an application of the petitioner seeking permission to examine about 249 witnesses in respect of an externment proceedings is rejected. The Assistant Commissioner of Police/The Enquiry Officer came to the conclusion that it is impracticable to examine such a large number of witnesses. However, the counsel for the petitioner in that proceedings was asked to furnish four important and relevant witnesses in the matter. The petitioner, however, declined to indicate the names of the four witnesses, whom he proposed to examine. Yet, the Enquiry Officer has issued intimation to witnesses at Sr.Nos.1 to 4, as defence witnesses. Shraddha Talekar PS

520-wp-4246-2019.doc 2/2 In our opinion, no prejudice is caused to the petitioner, if the petitioner is allowed to examine the four witnesses in his defence. In view of this, we are not inclined to entertain the instant petition. The petition stands dismissed.

[ N.J. JAMADAR, J. ] [ RANJIT MORE, J.] Shraddha Talekar PS