Artiskinky Motion Pictures Pvt. Ltd. And ORS. v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 135 OF 2015 Artiskinky Motion Pictures Pvt. Ltd.

... Applicants/ and others.

Petitioners.

V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. V. X. D'Silva for the Applicants.

Mrs. P. P. Bhosale, APP for the State.

Mr. A.R.Millwala for Respondent No.2.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 19th MARCH, 2015 P.C. :

Heard the learned counsel for the Applicants/ Petitioners and learned Advocate for the Respondent No.2. Perused the impugned order. The learned Magistrate should not have rejected the application for recall of witness because the witness was already partly examined. However, at the same time, I have taken note of the conduct of the Petitioner Nos. 2 and 3. I, therefore, pass the following order.

i.

The order passed by the learned Magistrate, rejecting the application for recall of PW-2 is set aside. Borey 1/2

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The learned Magistrate shall recall PW-2 and allow the petitioners' counsel to cross examine PW-2. iii.

Hearing of the case is expedited. Criminal case be disposed of within a period of one month from today. A cost of Rs.5000/- is imposed on the petitioners to be paid to respondent no.2.

Criminal Application stands disposed of in the above terms.

(JUDGE) .....

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