MICHAEL MACHADO Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) When the trial in a criminal case against four accused persons proceeded to the penultimate stage (after examining 54 witnesses by then) the Metropolitan Magistrate, before whom the case was being tried, ordered two more persons to be arrayed as accused. If the order of the Magistrate is to sustain, the proceedings in respect of the newly added persons are to be re-commenced afresh, which means that the entire massive evidence thus far collected and the time which the Court has thus far spent for recording the evidence of such a large number of witnesses, besides the cost involved for all concerned to reach up to the present stage, would all become, for all practical purposes, a waste - a colossal waste. Is it so very necessary at this belated stage to bring such two more additions to the array of the accused at the cost of such a de novo trial

(2.) When the persons, against whom the Metropolitan Magistrate passed the order, challenged it before the High Court of Bombay a learned single Judge of the High Court felt it unnecessary to interfere on the premise that the affected persons can approach the trial Court and pray for discharging them from the case. Aggrieved by the said order of the learned single Judge the concerned persons have filed this petition for special leave to appeal. Leave is granted.

(3.) The background in which the Metropolitan Magistrate passed the order against the appellants can now be shown with more details.