ULHAS S/O FULCHAND RATHOD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the parties.

(2.) The Petitioner is aggrieved by the order dated 26.11.2012 passed by the learned Judicial Magistrate First Class, Osmanabad by which the learned Magistrate has directed a denovo trial in Summary Criminal Case No.597/2008.

(3.) The Petitioner submits that by lodging of Crime No.117/2008 under Sections 143, 294, 341, 504 and 506 of the Indian Penal Code r/w Section 135 of the Bombay Police Act, the Petitioner is being tried in SCC No.597/2008. Though the case was to be tried as a summary case, the learned Magistrate Shri S.K.Karande had recorded the examinationin chief of the first witness on behalf of the prosecution and the said witness was crossexamined at length by the Petitioner. Similarly, the prosecution had produced three witnesses, who were examined followed by cross examination by the Petitioner. The recording of oral evidence was concluded on 15.11.2011.