Jitendra Kumar Ramshreshta Singh v. Badrealam Ansari And ANR

1 /2 14-wp-1356-16.doc Ladda FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1356 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr Jeetendra Ranawat i/by Mr Prasad L.Gajbhiye for the petitioner. Smt. R.V.Newton, APP for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 4th April, 2016 P.C.

1.

By this petition, the petitioner has challenged the order dated 22.3.2016 passed by the learned Metropolitan Magistrate, 7th Court, Bhoiwada, Mumbai and an application below Exh.25 for recalling the witness namely the complainant. By the said application filed below Exh.25 the petitioner herein who is the accused wanted to again cross-examine PW no. 1, original complainant, by confronting him with the Income-tax Returns of the complainant. The learned Trial Court by the impugned order has rejected the said application by observing that earlier the complainant was twice cross-examined at the behest of the petitioner-accused. Said witness was earlier recalled and the documents of income-tax which were produced by the said witness were confronted with him. The Trial Court has further observed that the said case is now kept for recording the statement of the accused under section 313 of Cr.P.C. 2.

I have gone through the record. The record discloses that sufficient opportunity was given to the petitioner-accused to cross-

2 /2 14-wp-1356-16.doc examine the complainant. It further appears to me that the petitioner herein wants to protract the matter and, therefore, similar applications are being filed in the Trial Court. In view of the same, I find no merits in the petition. The petition is dismissed accordingly. (A.S.GADKARI, J.)