The State Of Maharashtra Through Sudhakar Shivaji Bansode v. Khalidmiya Alisaheb Chaus And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2799 OF 2014 The State of Maharashtra .. Applicant Vs.

Khalidmiya Alisaheb Chaus and ors.

.. Respondents ---- Mr. N.T. Bhagat, A.P.P. for the applicant/State Mr. A.A. Mukhedkar, Advocate h/f Mr. L.C. Patil, Advocate for the respondents ---- CORAM : M.T. JOSHI, J.

DATE : 23/02/2016 ORAL ORDER :

Heard both sides.

2.

Considering the fact that an arguable case is made out as the learned Special Judge, Omerga, in the impugned judgment, has not referred to the documents on record, which would throw light as to why the Medical Officer, who has examined the complainant could not be examined before the Court.

3.

In view of this fact, leave to file appeal is hereby granted. Application stands disposed of. 4.

Office to register the appeal as per the due procedure of law.

[M.T. JOSHI] JUDGE arp/