1 Cri.WP NO.890/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.890/2010. Gangadhar s/o Mariba Waghmare, Age: 32 occu. Labour, r/o Bapshetwadi, Tq. Mukhed, Distrit Nanded. - PETITIONER VERSUS The State of Maharashtra, Through Police Station, Mukramabad, Dist.Nanded. - RESPONDENTS ***** Mr.Murar V Deshpande, Advocate for Petitioner; Mr.VH Dighe,APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 12th January, 2011. PER COURT : 1) Heard. 2) Rejection of Exhibits-144 and 136 in Sessions Case No.148/2003, seeking adjournment is questioned by the petitioner/accused. 3) Having gone through the order of the learned Judge dated 4th February, 2010 and the reply of Medical Officer, Dr.Bhume, no fault can be attributed in rejection the applications, though Mr.Deshpande submits, the reason for absence of the accused was genuine, as he lost 2 Cri.WP NO.890/2010 his uncle. The learned Judge in his order has recorded that the defence advocate had a tendency to prolong the matter and discharge the witness. This is so indicated by the Medical Officer, having attended the court on two or three earlier occasions. In spite of these odds to the credit of the accused, since his substantial rights are involved and the Medical Officer to be examined, who could only be meticulously attended to by the advocate as the injuries are to be explained and cross- examination is to be elicited, the order calls for interference. 4) In the result, the order of discharge of PW 10 – Dr. Janardhan Iranna Bhume or the order of No cross-examination of PW 10 -, is set aside. The witness be re-called on the adjourned date or as per his convenience. The petitioner/accused to deposit costs of Rs.1,000/- (Rupees one thousand), payable to the said witness. 5) Writ Petition is allowed to the extent as above. ( K.U.CHANDIWAL ) JUDGE bdv/