Rohidas S/O Kondiba Gholap v. Suraj S/O Shankarrao Dumne

1250.15crwp -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1250 OF 2015 Rohidas s/o Kondiba Gholap.

...Petitioner

versus Suraj s/o Shankarrao Dumne.

...Respondent

...

Mr. Umesh Bodkhe (Patil), Advocate for the petitioner ...

CORAM : N.W. SAMBRE, J.

DATE : 26th OCTOBER, 2015 ORAL ORDER :

While questioning the legality of the order dated 03/09/2015 passed by learned Judicial Magistrate, First Class, Aurangabad permitting the respondent to place on record the original of Photostat copies which were produced by him during the course of recording of evidence, learned Counsel for the applicant would urge that same amounts to filling in lacunae and also explaining the admissions given on record. According to him, same is not permissible in law.

2.

It is required to be noted that learned Court below, while passing the order on 03/09/2015 allowing the production of the original documents, has taken note of the fact that respondent herein

1250.15crwp -2has produced photostat copies of the same at the time of recording of the evidence. Apart therefrom, production of those documents will hardly prejudice the present applicant, as contents thereof were very much available to the present applicant at the time of recording of evidence.

3.

In my opinion, no illegality could be noticed. Present writ petition, as such, fails, same stands dismissed. [ N.W. SAMBRE, J. ] Tupe/26.10.15