Rajdhar Guru Nanabuwa Bhanegaonkar v. State of Maharashtra
2014-02-27
M.L.TAHALIYANI
body2014
DigiLaw.ai
JUDGMENT Heard learned Counsel Shri M.P. Kariya for the applicants, learned Additional Public Prosecutor Shri P.V. Bhoyar for non-applicant No.1/State and learned Counsel Shri D.B. Walthare for non-applicant No.2. 2. Admit. Heard finally by consent of the learned Counsel appearing for the parties. 3. The applicants are facing trial for the offences punishable under Sections 417, 506 and 376 read with Section 34 of the Indian Penal Code in the court of learned Additional Sessions Judge, Darwha. Non-applicant No.2 is relative of the prosecutrix and is allowed to intervene in the proceedings. The grievance of the applicants is that the intervention of non-applicant No.2 is too much and it disturbs the whole proceedings. It is also submitted that irrelevant documents are taken on record and the proceedings are not being conducted in accordance with law. An application was filed before the learned trial Judge for raising all the objections in respect of interference by the intervenor. The learned trial Judge has passed the order below Exhibit 119. The order of the learned trial Judge is not very much clear on the issue raised before me. However, one thing is certain that the learned trial Judge has given too much liberty to the intervenor to intervene during the course of trial. In my opinion, so much of liberty to the intervenor is not permissible when the case is being prosecuted by the State. The intervenor can assist the prosecutor and/or he can engage a lawyer to assist the prosecutor during the course of trial. The intervenor himself or through his lawyer cannot address the court on the issues which can be agitated through the prosecutor. The intervenor also cannot encroach upon the rights of the prosecutor as far as production of documents in the court is concerned. Since this Court is of the opinion that the intervenor has been granted undue liberty by the trial Court, this Court passes the following order. The learned Additional Sessions Judge, Darwha is directed to restrict the interference of the intervenor to the extent permissible under law and shall take care that the prosecution is effectively conducted by the prosecutor only. At the most the intervenor or his lawyer can assist the prosecutor.
The learned Additional Sessions Judge, Darwha is directed to restrict the interference of the intervenor to the extent permissible under law and shall take care that the prosecution is effectively conducted by the prosecutor only. At the most the intervenor or his lawyer can assist the prosecutor. The applicants are at liberty to move this Court again if the learned Additional Sessions Judge does not follow the order of this Court and go beyond the limits permissible under law by giving extra ordinary liberty to the intervenor. The record and proceedings be sent back to the trial Court. Ordered accordingly.