Bombay High CourtREVN/11/2016allowed to be withdrawn

Laxman S/O Tukaram Durge v. The State Of Maharashtra, Through P.S.O. Kotwali, Nagpur

2016-03-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 revn11.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL REVISION APPLICATION NO. 11 OF 2016 (LAXMAN TUKARAM DURGE..VS..STATE OF MAH. THR. PSO KOTWALI, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MARCH 02, 2016.

Heard Shri M.K.Kulkarni, advocate for the applicant and Ms Ritu Kalia, A.P.P. for the non-applicant. The applicant has challenged the order passed by the learned Magistrate on the application (Exh.92) rejecting the prayer of the applicant (accused) to discard the evidence of the prosecution.

The applicant had filed application (Exh.91) seeking permission to cross-examine the witnesses of the prosecution. This application came to be allowed by the learned Magistrate subject to payment of costs of Rs.2,000/-. The learned advocate for the applicant has submitted that the applicant could not pay the amount of costs within the stipulated time and therefore, opportunity to cross-examine the witnesses of the prosecution is lost.

After arguing for some time, the learned advocate for the applicant, on instructions, seeks permission to withdraw the revision application with liberty to file an application before the learned Magistrate seeking extension of time to deposit the amount of costs.

2 revn11.16 The revision application is disposed of as withdrawn with liberty to file application before the learned Magistrate seeking extension of time to deposit the amount of costs.

If the application praying for extension of time to deposit the amount of costs is filed till 16th March, 2016, the learned Magistrate may consider the application on its merits. If the application is not filed till 16th March, 2016, the learned Magistrate shall proceed in the matter. The operation of the order passed by the learned Magistrate on the application (Exh.92) shall depend on the order which may be passed on the application to be filed by the applicant praying for extension of time to deposit the amount of costs.

JUDGE RRaut..