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1998 Supreme(Bom) 743

R.M.S.KHANDEPARKAR
Bhalchandra G. Naik – Appellant
Versus
Suresh Melvani and another – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---The petitioner is seeking to challenge the Order dated 13-7-1998 passed in Criminal Revision Application No. 29 of 1998 by the Sessions Judge at Panaji. The learned Sessions Judge has, by the impugned order, confirmed the Order dated 19-6-1998 passed in C.C. No. 3/92/C by the learned Judicial Magistrate, First Class, Panaji. By the said Order, the learned Magistrate had declined to direct the complainant/respondent No. 1 to furnish to the accused/petitioner a copy of the complaint to police lodged by the complainant in the Police Station at Panaji. According to the petitioner, although in case of private complaint there is no provision for furnishing copies of the documents on which the complainant wants to rely upon such copies are necessary for effective cross-examination of the complainant and his witnesses by or on behalf of the accused and great prejudice may result if copies of such documents are not furnished in advance to the accused and it may amount to denial of fair opportunity to the accused to meet the case against him.

2. By the impugned Order, the learned Sessions Judge placing reliance upon the judgment of the Division Bench of














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