1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1129/2010 (Bhayyalal Fakirchand Rakshe .vrs. State of Maharashtra and others) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders CORAM : R.G. KETKAR, J. DATED : OCTOBER 22, 2010 Heard Mr. P.A. Markandeywar, learned counsel for the applicant, Mr. N.R. Rode, learned APP for non-applicant no.1/State and Mr. A.S. Sirsikar, learned counsel for non-applicant nos.2 to 4. The applicant has challenged order dated 6.5.2010 below Exh.35 in Criminal Case No.478/2002. By that order, the learned magistrate rejected the application taken out by the applicant/complainant at Exh.35 praying for calling witnesses to prove the report made by him as also for production of the sana-station diary. The learned counsel for the applicant submitted that the applicant had cited Jamadar Lekhak attached to Police Station, Bela as witness on his behalf. He submitted that issuing summons to the said witnesses, will not cause any prejudice to the accused. 2 On the other hand, learned APP for non-applicant no. 1/State and learned counsel for non-applicant nos.2 to 4, submitted that the applicant had filed private complaint before the learned magistrate. The report of the enquiry conducted by the police pursuant to the complaint lodged by the applicant is already on the record. As the applicant had lodged private complaint, it is not necessary to summons officer attached to the said police station for producing the complaint lodged by the applicant as also the sana-station diary. I have considered the submissions made by the learned counsel for the parties. It is not in dispute that pursuant to the complaint lodged by the applicant, the police have produced enquiry report before the learned magistrate. Since the applicant had lodged private complaint, he has to establish his case and for that purpose, in my opinion, it is not necessary to call for the complaint made by the applicant in the police station. I do not find any error committed by the learned magistrate while passing the impugned order. In the result, the application stands dismissed. JUDGE Gulande