Jayendra Vishnu Thakur vs State Of Maharashtra

One Suresh Narsinh Dube was shot dead at Nallasopara Railway Station in the suburbs of Mumbai on 9th October, 1989. The impleaded respondent herein, the brother of the deceased, filed a complaint petition with regard to the incident. Appellant absconded.

A proclamation under Section 82 of the Code was thereafter issued on 9th February, 1993 declaring the appellant as a proclaimed offender. Subsequently, the said proclamation was also published in different newspapers on various dates.

In connection with the said occurrence initially 12 persons were charge-sheeted upon completion of investigation on 27th August, 1993, wherein eight persons, including the appellant, were shown to be absconding. Appellant and other accused were also booked under TADA.

4. Appellant was arrested by the Maharahstra Police on 23rd October, 1993 in connection with FIR No.3/1992 and was produced before the Chief Judicial Magistrate, Thane on 24th October, 1993 and was remanded to police custody till 20th November, 1993. He was again shown to have been arrested on 20th November, 1993 in two cases ; one relating to FIR No. 237/1992 of Manikpur Police Station and the other in FIR No.161 of 1992 of Virar Police Station. He was in judicial custody till 21st December, 1993.

5. On a Special Leave Petition (Crl.) Nos. 643-646 having been filed before this Court by the appellant and others, this Court by its order dated 23rd November, 1993 inter alia directed splitting up of the case with regard to the absconding accused. Charges in the matter were framed by the Designated Judge on 30th December, 1993.

9. Indisputably 10 witnesses were examined during the period 6th November, 1995 to 22nd January, 1997, who have since expired. Their names, respective dates of their deposition and dates of death, are as under:-

In the said proceeding two applications were filed by the Senior Public Prosecutor on 25th September, 1996 and 11th October, 2006 for exhibiting the depositions of PW-36 and nine other witnesses, who had since expired, which by reason of the impugned order have been allowed.

5) Charges having been framed against the appellant in terms of an order dated 20th December, 1993 in respect whereof he despite being aware but having not availed the benefit of cross- examining the witnesses in terms of Section 14(5) of TADA at an appropriate stage, is estopped and precluded from questioning the legality or validity of the said order dated 1st January, 1994.

16. The application having been filed by the Special Public Prosecutor and the order having been passed on the same date it is beyond any cavil that before the Court apart from the fact that a proclamation under Section 82 had been issued against the appellant, no other material was placed. It now stands accepted that even much prior thereto, i.e., as far back as 23rd July, 20 1993, the appellant was arrested. The said fact was known to the investigating officer. By a letter dated 1st September, 1993 the Investigating Officer himself had informed the Court in regard thereto.

Such jurisdictional facts must be existing on this date of passing of the order.

In view of the nature of evidence which had been brought on record, it was not possible for him to hold so, namely -

The Presiding Judge of the Designated Court, Pune is directed to expedite the hearing of the case and consider the feasibility of framing of charges or otherwise before 13th December, 1993 after splitting up the case with regard to the absconding accused, if any, and commence the trial from 14th December, 1993 and examine witnesses on day to day basis. Both the parties have agreed that they will not be taking any adjournment on any ground and on the other, they will fully cooperate in the trial of the case. The Presiding Judge of the Designated Court is further directed to examine the material witnesses first in the order and thereafter the other remaining witness.

This order is without prejudice to the rights and contentions of the parties to urge any legal point including jurisdiction of the Designated Court."

" The prayer made in this petition is that respondent No.4, who is required to face trial in a Court in Maharashtra should be transferred to that court. The petitioner forgets that respondent No.4 is facing a trial in a serious offences in Delhi. It is obvious that unless one trial is over, that other trial cannot take place. Respondent No.4 cannot be shifted from place to another so that trials can take place simultaneously. The interest of the petitioner, Maharashtra State are well protected by making entries in the challan of respondent No.4 in jail record as well as in record of court where respondent No.4 is facing trial in Delhi that has not to be released till any order is made by a competent court in Maharashtra with regard to the case pending in that Court. As soon as the trial at Delhi completes, respondent No.4 shall be transferred to the jurisdiction of the court at Maharashtra where he is to face the trial. The Delhi Court shall take expeditious steps to complete the trial at an early date. With these observations, we dispose of this petition.

Thus, he, for all intent and purport, made subject to the jurisdiction of the Pune TADA Court as well.

examining lawyer's client from the mouth of the witness of the adversary party;

(3) to show that the witness is unworthy of belief by impeaching the credit of the said witness;

18. For the reasons aforesaid the impugned order cannot be sustained. It is set aside accordingly. The appeal is allowed. 41 ....................................J. [S.B. Sinha] ....................................J. [Dr. Mukundakam Sharma] New Delhi;

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