Bombay High CourtAPL/1101/2018dismissed

Anis Shaha Khairu Shaha v. State Of Maharashtra Thr. Its P.S.O., P.S. Borakhedi,

2018-12-07Hon'Ble Shri Justice Z.A. Haq1 pages

1 apl1101.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1101 OF 2018 (ANIS SHAHA KHAIRU SHAHA...VS.. STATE OF MAH. THR. PSO PS BORAKHEDI, DIST. BULDANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ShriSumedh Kadam, Adv. h/f. Shri R.R.Vyas,, Advocate for Applicant. Shri B.M.Lonare, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : DECEMBER 07, 2018.

Heard.

By this application under Section 482 of the Code of Criminal Procedure, the accused has challenged the order passed by the learned Special Judge rejecting the application (Exh.44) filed by him praying that the victim be recalled for further cross-examination. The victim is aged about 10 years. The learned A.P.P. has submitted that the victim is cross-examined at length.

The learned Special Judge has also observed in the impugned order that the victim is cross-examined at length. The applicant has not been able to justify his request. The prayer for recall of the victim for cross-examination cannot be granted in the facts of the case.

The criminal application is dismissed.

JUDGE RRaut..