Sukumar @ Bandu S/O. Natraj Belekar v. State Of Maharashtra Thr. P.S. Jaripatka, Nagpur And ANR.
wp232.19.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO.232 OF 2019 (Sukumar @ Bandu s/o Natraj Belekar Vs. State of Maharashtra thr. PSO PS Jaripatka, Nagpur and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri R.S. Nayak, Advocate for Petitioner.
Shri N.B. Jawade, APP for Respondent 1/State. Shri M.P. Kariya, Advocate for Respondents 2 to 4. CORAM: ROHIT B. DEO, J.
DATE: 12 th JUNE, 2019.
This petition is seeks to challenge the order dated 14.01.2019 passed by the Ad hoc Additional Sessions Judge 1, Nagpur which reads thus:
"Issue show cause notice to the prosecution witness No.5 Bandu Sukumar Belekar calling upon to say as to why he should not be made proposed accused applied for."
2] By the order impugned the learned Sessions Judge has issued show cause notice to the petitioner calling upon the petitioner to show cause why he should not be added as accused in exercise of power under Section 319 of the Cr.P.C.
3] This show cause notice is issued on the application preferred by the original accused 2, 3 and 4 -
wp232.19.O.odt respondents 2, 3 and 4 herein.
4] The learned counsel Shri Kariya states that the application under Section 319 of Cr.P.C. Preferred by respondents 2 to 4 is withdrawn on 04.05.2019. 5] In this view of the matter, there is no cause of action, at least at this stage.
6] Needless to say, notwithstanding the withdrawal of the application by the accused, if the trial Court decides to exercise power under Section 319 of the Cr.P.C., it shall be open for the petitioner to challenge such exercise of power on the basis of all possible contentions. 7] Petition is disposed of.
JUDGE NSN