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2003 Supreme(Bom) 725

J.G.CHITRE
Behram S. Doctor – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - CHITRE J.G., J.:---Section 403 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code for convenience) provides that save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but, the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

2. On 27-6-2003 when this mater came up for hearing Shri Patil appearing for Shri Kadam prayed for adjournment by submitting that Shri S.P. Kadam, Counsel appearing for respondent No. 2 was unable to attend the Court on account of the sad demise of the father of Senior of Shri K.P. Kadam. Shri Siddiqui appearing for the petitioner did not take any objection for the adjournment sought keeping in view the emotional aspect behind the prayer. This Court also adjourned the hearing keeping in view the emotional aspect behind the prayer so made. Shri Patil remained away when this petition was to be heard on 4-7-2003 peremptorily. Shri Patil submitted today that Shri Kadam is before some other Court and again sought the adjournment. After perusing the challenge pu






















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