criwp217.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 217 OF 2010 Sau Sunita Balkrushna Jadhav age 35 years, occ. household r/o c/o Janardhan Tukaram Khose At Post Limpangaon, Tq. Shrigonda Dist. Ahmednagar .. PETITIONER VERSUS 1 Shri Balkrushna Namdeo Jadhav (Dead) 2 Shri Namdeo Aba Jadhav age 59 years, occ. business 3 Sou Sundarbai Namdeo Jadhav age 56 years, occ. household 4 Santosh Namdeo Jadhav age 34 years, occ. business. Resp. Nos. 2 to 4 are r/o Sanjay Gandhi Vasahat Infront of A.R.D.L., Pashan Pune-27. .. RESPONDENTS Mr. Nitin V. Gaware, advocate for the petitioner. Mr. D.b. Rode, advocate for respondent nos. 2 to 4. CORAM : A.H. JOSHI, J. DATE : 11th OCTOBER, 2011. ORAL JUDGMENT : 1. Rule. 2. Rule made returnable forthwith and is heard by criwp217.10 2 consent. 3. In the private complaint for offences under sections 498A, 323 of the Indian Penal Code, the complainant had completed her evidence and then applied for summons to 5 witnesses whose names were not mentioned in the complaint. 4. Learned trial Court allowed the application to the extent of only one witness. 5 After hearing and perusal of record it reveals that the petitioner claims that she was assaulted on 17.6.2006 and she went to Dr. Y.C.M. Hospital is disclosed in the complaint. All that she wants is calling of case papers from said Dr. Y.C.M. Hospital. Failure to disclose said document in the list of evidence can be viewed as a human error. 6 Therefore balance of justice shall not collapse if the latitude sought by the petitioner is granted. Moreover, as on this date, a victim of offence under section 498A of the Indian Penal Code is clamoring for criwp217.10 3 justice and granting an opportunity shall not in amy manner bright the justice in peril it. 7. Hence, exh. 48 is partly allowed to the extent of issue of summons for production of medical case papers of petitioner’s treatment in the Y.C.M. Hospital on 17.6.2006. Rule is made absolute accordingly. ( A.H. JOSHI ) JUDGE dyb