Shri. Prithviraj Vasantrao Inamdar v. Dhananjay Deu Pawar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1056 OF 2015 Shri Prithviraj Vasantrao Inamdar ..Petitioner v/s.

Dhananjay Deu Pawar & Anr.

..Respondents Mr. V.S.Talkute for the Petitioner.

Mr.Ajay Joshi, for the Respondent.

Mr. Rajesh More, APP for the State.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : OCTOBER 07, 2015.

P.C.

1.

Rule. Rule made returnable forthwith. With consent of parties matter taken up for hearing.

2.

The petitioner herein is accused in Criminal Case No.1308 of 2012, pending before the learned Judicial Magistrate, First Class at Pandharpur. By order dated 11.10.2014, the petitioner accused was directed to provide the address of forensic laboratory, to which he wants to refer the documents, within the period of one week from the date of the order. The request of the petitioner to extend the said

time was dismissed by the Magistrate vide order dated 28.11.2014. Aggrieved by the sid order, the petitioner has filed this petition. 3.

The learned counsel for the respondent fairly concedes that the time for furnishing the detials needs to be condoned and that the application at Exhibit 31 shall be decided on its own merits. Even otherwise, the evidence cannot be shunned on such hyper technical grounds.

4.

Under the circumstances, the impugned order is set aside. Time stipulated in order dated 11.10.2014 is extended for a period of four weeks.

5.

The learned Magistrate to decide the application at Exhibit 31 on its own merits and in accordance with law. 6.

Rule is made absolute accordingly.

(ANUJA PRABHUDESSAI, J.)

CERTIFICATE Certified to be true and correct as per the original signed judgment/order.