Archana Kudchadkar v. Dukle Constructions Rep By Its Partner Sameer G. Dukle And ANR

905 CRMA 32 OF 2023.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 24 OF 2023 WITH CRIMINAL MISC. APPLICATION NO. 32 OF 2023 IN CRIMINAL WRIT PETITION NO. 24 OF 2023 ARCHANA KUDCHADKAR VS DUKLE CONSTRUCTIONS REP BY ITS PARTNER SAMEER G.

DUKLE AND ANR ... APPLICANT ... RESPONDENTS ****** Mr. Galileo Teles, Advocate for the Applicant.

CORAM:

B.P. COLABAWALLA, J.

DATED:

2nd MARCH 2023 P.C.

1.

After the above Writ Petition was argued for some time and when I was not inclined to entertain it, the learned Counsel appearing on behalf of the Petitioner sought leave to unconditionally withdraw the above Petition. He, however, requested that this order should not preclude the Petitioner from filing a detailed Application inter alia setting out the grounds for recall of the witness [Complainant], and which liberty has been granted in the impugned order.

2nd March 2023

905 CRMA 32 OF 2023.ODT 2.

In these circumstances, the above Writ Petition is dismissed as withdrawn. The Applicant shall be at liberty to file a detailed Application to recall the Complainant to be cross-examined as reflected in the impugned order. If such an Application is filed, the same shall be decided on its own merits and in accordance with law. This order shall not be construed to mean that the Petitioner is entitled to recall the Complainant for the purposes of cross-examination.

3.

In view of the disposal of the Criminal Writ Petition, nothing survives in Criminal Miscellaneous Application No. 32/2023 and the same is disposed of accordingly. 4.

Personal Assistant of this Court. All concerned will act on B.P. COLABAWALLA, J.

VAIGANKAR ESHA SAINATH Date: 2023.03.02 16:46:05 +05'30'

VAIGANKAR ESHA SAINATH 2nd March 2023