Satyadev Ramadhar Singh And ORS v. The State Of Maharashtra And ANR

revn.639.16.6.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 639 OF 2016 Satyadev Ramadhar Singh & Ors.

...Applicants

Versus

State of Maharashtra & Anr.

...Respondents

Mr. Qadir Shaikh i/b M. K. Irani for the Applicants Ms. A. A. Takalkar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 7 th DECEMBER, 2016 P.C. :

1.

Heard learned Counsel for the applicants.

2.

By this application, the applicants have impugned the order dated 3rd November, 2016 passed by the Additional Sessions Judge, Pune, by which, the applicants' application seeking recall of PW 4-Ajay Bijendra Bahadursing came to be rejected.

3.

Learned Counsel for the applicants submits that after PW 4Ajay Bijendra Bahadursing was examined, certain medical documents were traced by the applicants, and as such, he intends to cross-examine PW 4Ajay Bijendra Bahadursing on the said documents. SQ Pathan 1/2

revn.639.16.6.doc 4.

Learned A.P.P states that no interference is warranted in the impugned order. She submits that sufficient opportunity was given to the applicants and that the defence cannot be permitted to fill up the lacuna. 5.

Perused the papers, including the impugned order. It appears that PW 4-Ajay Bijendra Bahadursing has been cross-examined at length. Even otherwise, the documents with which the applicants want to confront PW 4-Ajay Bijendra Bahadursing, are medical prescriptions and admittedly the same have neither been issued by PW 4-Ajay Bijendra Bahadursing, nor is it the case of the applicants that PW 4-Ajay Bijendra Bahadursing had taken the deceased to the doctor, hence, there is no necessity to putting the said documents to PW 4-Ajay Bijendra Bahadursing. The impugned order does not suffer from any infirmity.

6.

Application is accordingly dismissed.

REVATI MOHITE DERE, J.

SQ Pathan 2/2