LAWS(BOM)-2004-5-2

DEORAO MAROTRAO BHAGATKAR Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On May 06, 2004
DEORAO MAROTRAO BHAGATKAR Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) RULE. Heard forthwith by consent of learned counsel appearing on behalf of applicant.

(2.) THIS is a revision application filed under sections 397 and 401 read with section 482, Criminal Procedure Code read with Article 227 of the Constitution of India.

(3.) THE case is under prosecution by the Central Bureau of Investigation. This is a revision petition by accused making a grievance that important prosecution witness Prabhuprasad Kisanlal cited by the prosecution, has not been examined. Application was filed by the accused seeking order that said unexamined prosecution witness be summoned and be examined. This application was opposed by the prosecution on the ground that accused was irving to delay the trial. Learned Additional Sessions Judge heard the said application and rejected it. The rejection of the application is, inter-alia, on the following grounds :