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2023 Supreme(Bom) 973

G. A. SANAP
Raju Zita Pawar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
A. C. Jaltare, Advocate, A. R. Chutke, Advocate

JUDGMENT

G. A. Sanap, J. - Heard.

2. RULE. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.

3. In this writ petition, challenge is to the order dated 3. 06.2022, passed by the learned Judicial Magistrate First Class, Court No.4, Chandrapur, whereby the learned Judge was pleased to reject the question put to witness No.3 on the basis of the documents mentioned in the list at Exh. 21. It is seen on perusal of the question that this witness was sought to be confronted with the contents of the documents part of the list at Exh. 21. Learned Judge did not allow this question in the cross examination on the ground that Section 145 of the Indian Evidence Act, 1872 (For short 'the Evidence Act') does not permit the cross examiner to confront or contradict witness with any material except the previously recorded statement of the witness.

4. It is apparent on the face of the record that with the list at Exh. 21 eleven documents were produced on record. It is not clear from the cross examination as to how this witness was concerned with all these documents. As per Section 145 of the Evidence Act, the witness may be cross examined as to previous s

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