Dhanashree W/O. Dhanraj Yerpude And Another v. Sou. Gayatri Suraj Tajne

1 wp320.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 320/2018 Dhanashree W/o Dhanraj Yerpude & anr.

..VS..

Sou. Gayatri Suraj Tajne - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Ghawde, Adv h/f Shri S.P. Bhandarkar, Adv for the petitioner(s) Shri S.M. Prasad, Advocate for the respondent CORAM : Z.A.HAQ, J.

DATED : 19/09/2018 Heard.

This petition is filed by the accused to challenge the order passed by the learned Magistrate permitting the complainant to lead further evidence. The contention of the petitioners/accused is that the complainant cannot be granted liberty to fill up the lacunae, especially after she is crossexamined. The learned Magistrate has recorded that if permission is granted to the complainant to lead further evidence, it will not cause any prejudice to the accused and the accused can cross-examine the complainant. The order being interlocutory in nature and as I find that the learned Magistrate has not committed any jurisdictional error, I am not inclined to interfere with the impugned order. The writ petition is dismissed. In the circumstances, the parties to bear their own costs. JUDGE Ansari