Judgment · High Court · 2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.948 OF 2011 Mr.Laljiprasad Somagu Shastri. Applicant

1. Mrs Christin Alwin Robert 2. State of Maharashtra .. Respondents Mr.M.K.Kocharekar for Applicant Ms.Michelle Mendonca for Respt Ms.R.V.Newton APP for State CORAM: K.U.CHANDIWAL, J DATE: 18th October, 2011 P.C.

Heard. Below Exhibit 12 by order dated

3.8.2011 while rejecting Application the learned Judge in para 7 granted liberty to the prosecution to examine Probation Officer Ms.Bodawade as material witness as far as her role as of a Probation Officer is concerned, and to the extent she has inquired with the victim girls as per the order of the Court.

Thereafter, an Application under section 311 of Cr.P.C. was moved to the Court concerned and the learned Judge issued summons to the Probation Officer Mrs Bodawade without recording a reasoned - 2 -

948.11 order.

Indeed, while dealing with Application Exhibit 12 the learned Judge has exhaustively dealt with that aspect and examination of Ms Bodawade as a witness and recording of statement under section 161 of Cr.P.C.

In the light of this situation, the learned Judge not recording any reasons in order dated 17.8.2011 is inconsequential. It would not amount to causing any prejudice as logically this Application is in continuation of Exhibit 12 and objection raised by the Accused-Applicant lacks merit. Dismissed. K.U.Chandiwal, J