1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2038 OF 2010 Sameer Ramakant Khawtekar & Anr. ....Applicants Vs. The State of Maharashtra ....Respondent ----- Shri Girish Kulkarni for Applicants ---- CORAM: V.M. KANADE J. DATED: 26TH APRIL, 2010 P.C. 1. The learned Counsel appearing on behalf of the Applicants submits that an application has been filed by the Applicant on behalf of the witness who is going to be examined on behalf of the prosecution in a complaint which is filed under section 307 r/w. 34 of the Indian Penal Code registered with the Malabar Police Station vide C.R. No. 43 of 2006. 2. It is submitted that the said application has been made for seeking orders from the Court that the additional charge under section 387 of the IPC also be framed against the Accused. It is submitted that such an application cannot be preferred as the witness has no locus standi. The Applicants, therefore, seek 2 an order from restraining the said witness from interfering and/or obstructing in the Sessions Court No.33 of 2009 pending in the Sessions Court at Siwari, Mumbai. 3. In my view, the present application has been filed at premature stage. No order has been passed by the Sessions Court on the alleged application filed on behalf of the two said witnesses and, therefore, it is not possible to entertained the present application which is filed under section 482 of the Cr.P.C. The Applicants are at liberty to challenge the order that would be passed on such application. 5. Application is, accordingly disposed of with liberty as above. All questions raised by the Applicants in this application are kept open. (V.M. KANADE J.)