- (1.) RULE . By consent rule is made returnable forthwith. Respondent waive service. Heard.
(2.) IN summons Case No. 33/3/90 pending before the 31st Metropolitan Court, Bandra, on behalf of the accused persons, an application was moved on 16th January 1996 praying for supply of copies of certain documents and for recross-examination, which was opposed on behalf of the complainant and learned Magistrate by his order dated 3rd February 1996 rejected that application. Then an application was moved on the same day praying for short adjournment to move the higher court which prayer appears to have been allowed by the learned Magistrate. Accordingly, Revision Application being No.31 of 1996 came to be filed in the Sessions Court, Greater Bombay. Further, it appears from the judgment of the learned Additional Sessions Judge that he was led to believe that though the application for re-cross-examination of the witnesses was rejected by the learned Magistrate yet the same was allowed by another application and in that view, the learned Additional Sessions Judge made the following observations : "Be that as it may the Learned Metropolitan Magistrate while rejecting the application earlier appears to have over-looked the provisions under Section 311 Cr.P.C. and then corrected his mistake by allowing the application as it may be seen from certified copy of the order appended with the revision application by the Revision Applicant". Had the learned Additional Sessions Judge stopped there only, nothing further was required but in the final order it is directed that the learned Metropolitan Magistrate shall hear the revision applicant and then to recall the witness concerned for further cross-examination as prayed for and rejection of the application was improper. Therefore, the order impugned in that revision application came to be set aside. On the face of the record, there is clear error committed by the Additional Sessions Judge and on a wrong supposition, he set aside the order of the learned Metropolitan Magistrate. As such this order requires to be set aside and quashed. The matter is remanded to the Additional Sessions Judge for passing appropriate orders on the Revision Application after hearing both the sides. Rule made absolute accordingly.;