Premchand Nemichand Jain v. Sunil Nemichand Jain And Another

954-cwp-1460-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1460 OF 2022 PREMCHAND NEMICHAND JAIN

VERSUS

SUNIL NEMICHAND JAIN AND ANOTHER ...

Advocate for Petitioners : Mr. Panale Sachin S. APP for Respondent/State : Mr. S.P. Sonpawale Advocate for Respondent No.1 : Mr. Patil Dnyaneshwar J ...

CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 07, 2023 PER COURT:- 1.

Heard learned counsel for the petitioner and learned counsel for non-applicant no.1.

2.

The applicant/accused moved an application before the learned trial Court restraining the prosecution to lead the evidence over the stamp paper on which the alleged will deed was executed. In other words, he has applied to the trial Court to avoid the oral evidence over the stamp paper which has been allegedly forged. 3.

No law provides restraining the opponent to lead the evidence whatsoever its nature is. If the applicant has evidence to disbelieve the allegations of forgery, he may bring this fact in crossexamination of the witness. Therefore the application is devoid of merit.

954-cwp-1460-2022.odt (2) There is no error in the impugned order. Hence, the petition stands dismissed.

(S.G. MEHARE, J.) Mujaheed//