Anil Ganjidhar Pawar v. Kavita Nilesh Shirsath And Another

wp.1065.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO.1065 OF 2022 ANIL S/O GANJIDHAR PAWAR

VERSUS

KAVITA NILESH SHIRSATH AND ANOTHER ...

Advocate for Petitioner : Mr. Anil G. Pawar (party-in-person). APP for Respondent/State: Mr. S. P. Deshmukh. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

03rd August, 2022.

PER COURT :

.

Not on board. Taken on board.

Heard the petitioner/party-in-person. Perused the observations made by the Trial Court/CJM, Dhule in Regular Criminal Case No.481 of 2013 while conducting the cross-examination. It is the grievance of the party-in-person that the Trial Court is not allowing him to initiate cross-examination to disprove certain Sections of the Indian Penal Code alleged against him. The questions put by him are relevant, but the Trial Court is not allowing. The Trial Court has given caution to the party-in-person to conduct cross-examination in a proper way and save the time of the Court. In above background, the petitioner/party-in-person is before this Court.

wp.1065.22.odt On going by the relevant observations made by the Trial Court in the cross-examination of the witness dated 22nd July, 2022, the observations are prima-facie appear to be correct. If irrelevant questions are asked, certainly the Trial Court has every right to disallow the questions. The precious time of the Court cannot be wasted in asking irrelevant questions. Moreover, the Trial Court has not closed cross-examination of the party-in-person. As such, the observations made in the cross-examination by the Trial Court cannot be expunged. However, the Trial Court is requested to allow the partyin-person to put up his relevant questions in support of his defence. With above observations, the criminal writ petition stands disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga