SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Bom) 1716

SURENDRA P.TAVADE
Vinod S/o Vikram Paithankar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Surve Hemant
For the Respondent: Mrs. Geeta L. Deshpande

JUDGMENT :

Rule. Rule made returnable forthwith. By consent of learned counsel for both the parties, heard finally at the admission stage.

2. The petitioner is seeking reliefs as under :—

    B) The unilateral decision of the learned trial Court to Exhibit the statements of the witnesses recorded under Section 164 of the Criminal Procedure Code, 1973 without they being spoken about in the testification by the witnesses before the Court while recording their evidence, may kindly be faulted and that the exhibition done by the learned trial Court from Exh. 116 to 122 of the trial Court record, i.e. in Special Case (child) No. 10 of 2018 may kindly be ordered to be upset and these statements de-exhibited;

C. In the alternative, the defence be permitted to cross-examine the relevant witnesses on their respective statements recorded under Section 164 Cr.P.C. by allowing the application of the Petitioner recorded at Exh. 135 of the lower Court proceeding, being Special Case (child) No. 10 of 2018, and consequently, upsetting of the impugned order of the learned trial Court passed below Exh. 135 decided on 25-2-2021.

3. It is contended that the petitioner is facing trial for the offences punishabl

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top