Satyanarayan Shivdayal Totla v. The State Of Maharashtra And Others

cran1272.21 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 CRIMINAL WRIT PETITION NO.1272 OF 2021 SATYANARAYAN SHIVDAYAL TOTLA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for Petitioner : Mr. B.A. Darak APP for Respondent-State: Mr. M.M. Nerlikar .....

CORAM : V. K. JADHAV AND SANDIPKUMAR. C. MORE, JJ.

DATED : 10th JANUARY, 2022 PER COURT:- 1.

Heard.

2.

The petitioner claims to be the witness in respect of the property which is subject matter of R.C.C. No 652 of 2019 pending before the learned Magistrate, Jalna. By this petition, the petitioner is seeking permission to lead evidence independently as solitary witness in R.C.C. No. 652 of 2019 before the learned Magistrate, Jalna.

3.

This is unusual prayer. However, if the petitioner found to be material witness well conversant with the facts of the subject matter of the case, the petitioner may approach the trial court by filing an application under Section 311 of Cr.P.C. and upon filing such application, it is for the trial court to consider the same on its own merits.

4.

Writ petition is accordingly disposed of.

(SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.) rlj/