Ratnakar Keshavrao Hiwale v. Dattu Govinda Hiwale

914 appln.6995.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 6995 OF 2015 RATNAKAR KESHAVRAO HIWALE

VERSUS

DATTU GOVINDA HIWALE AND OTHERS ...

Advocate for Applicant : Mr. Kakasaheb B. Jadhav. APP for Respondent No.6 : Mrs. R. K. Ladda.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

05th April, 2016.

P.C.:

.

Heard.

Here is an application under Section 378 (4) of the Code of Criminal Procedure for leave to appeal against the judgment and order dated 1st December, 2015 passed by the learned Judicial Magistrate First Class, Aurangabad in Summary Criminal Case No.10134 of 2014. Applicant is original Complainant. He filed private complaint against Respondents under Sections 323, 504 and 506 read with 34 of the Indian Penal Code. Complainant examined himself. The other witnesses were available but Complainant chose not to examine them. In the absence of corroboration to the testimony of Complainant and also considering the verification statement and evidence of

914 appln.6995.15.odt Complainant Trial Court found it risky to place reliance on the sole testimony of Complainant. Since best evidence was witheld by Complainant this Court finds that no purpose would be served even if leave is granted. Hence the following order -

O R D E R

Criminal Application No.6995 of 2015 stands dismissed. [ INDIRA K. JAIN, J. ] ndm