1 40 revn appln 247.10.doc srk- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 247 OF 2010 Vimal Kumar Rathi .. Applicant Versus State of Maharashtra & Anr. .. Respondents Mr.Manish Bohra i/b Mr. A.S.Khan & Associates for the Applicant. Mr. V.R.Bhosale, A.P.P. for the Respondent no.1/State. Mr. Yashpal Thakur i/b Paras Kuhad & Associates for Respondent no.2. CORAM : J. H.BHATIA, J. DATE : 18TH AUGUST, 2010 P.C.: 1 Respondent no.2 complainant had made an Application before the trial court in Criminal Case No. 731/SS/2004 seeking permission to lead secondary evidence. That Application was rejected and the Respondent no.2 had filed Criminal Revision Application No. 211 of 2009 before the Sessions Court which was allowed. That order is challenged by the accused in the present Revision Application. The order refusing permission to lead secondary evidence was purely interlocutory order and therefore, no Revision Application would lie against the same and therefore, the order passed by the Sessions Court was without jurisdiction. 2 40 revn appln 247.10.doc 2 After some discussion with consent of the learned counsel for the parties the impugned order passed in Revision Application No.211 of 2009 is hereby set aside. However, the Respondent no.2 complainant shall be at liberty to move an appropriate Application or Writ Petition before this Court challenging the order of the Magistrate refusing permission to lead secondary evidence. 3 Application stands disposed of accordingly. (J.H.BHATIA, J.)