acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 1080 OF 2009 Rafiq Ramzan Jamadar ..Petitioner. Vs. The State of Maharashtra & Anr.. ..Respondents --- Shri R.S. Kulkarni, for the Petitioners. Mr. A.S. Shinde, APP for the State. --- CORAM: V.R. KINGAONKAR, J. DATED: 24 TH SEPTEMBER 2009 P.C.: 1. Heard the learned counsel. 2. The petitioner is original accused in criminal case no.214 of 2006 pending on file of the learned Judicial Magistrate, Kurundwad. The respondent no.2 (complainant) filed certain documents after the recording of evidence. The production of the documents was objected to by the petitioner. The learned Judicial Magistrate overruled objection and permitted production thereof. The petitioner preferred criminal revision application bearing no.6 of 2008, which came to dismissed vide order 1 dated 23.1.2009 rendered by the learned Additional Sessions Judge, Jaisingpur. 3. The production of the documents was sought by the respondent no. 2(complainant) for the reason that certain suggestions were given by the petitioner during the course of the cross-examination. The documents, according to the respondent no.2, could have clarified the facts in question. 4. The order rendered by the Judicial Magistrate is discretionary. The only significant aspect is whether the discretion is exercised in judicial manner or that it has been exercised arbitrarily, capriciously or perversely. That appears no perversity in exercise of such discretion by the learned Judicial Magistrate. He held that fair chance was required to be given to the parties and production of the relevant documents could be permitted. The petitioner may be allowed to rebut the said documents. The right of the petitioner is not taken away to give evidence. Consequently, the leaned Judicial Magistrate may permit the petitioner to adduced the evidence in rebuttal if documents are to be read in evidence. With these observations, the petition is dismissed. ( V. R. KINGAONKAR, J. ) 2