Rizwan Hamid Pathan v. N. M. Biradar

BDP 42 WP-13333-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13333 OF 2025 Rizwan Hamid Pathan .... Petitioner.

V/s Smt. N.M. Biradar .... Respondent Mr. Rizwan H. Pathan, advocate for the petitioner. None for the respondent.

CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 5TH MARCH 2026 P.C.:

A copy of the schedule of amendment is tendered in the Court. The same is taken on record and to be attached at the appropriate place.

2.

The petitioner who is a witness in RCC No.904 of 2022 pending in the Court of Judicial Magistrate, First Class, Junnar is seeking an inquiry into the conduct of the Judicial Magistrate who, according to him, has recorded his evidence in a bias manner. The petitioner who is appearing in person has incorporated such a ground in the memorandum of this writ petition through amendment and he is also seeking direction to to the Judicial Magistrate to correct the judicial record prepared on 28th April 2025.

3.

Section 273 of the Code of Criminal Procedure, 1973 provides that evidence of witnesses shall be recorded in the presence of the accused. Section 278 provides that as the evidence of each witness taken under section 275 or section 276 is completed, it shall be read

BDP 42 WP-13333-25.doc over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. The petitioner who has signed his deposition recorded in the Court on 28th April 2025 did not file an application for correction of the record. We find no substance in this writ petition.

3.

Writ Petition No.13333 of 2025 is dismissed.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2026.03.09 11:17:17 +0530