Harshwardhan S/O Raibhan Jadhav v. The State Of Maha. Thr. Pso Ps Sonegaon Nagpur.

2 Cr.WP-179-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.179 OF 2024 [Harshwardhan Raibhan Jadhav ..Vs.. The State of Maharashtra] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. I. Nayak, Advocate for Petitioner.

Mr H. D. Dubey, APP for Respondent/State.

CORAM : M. W. CHANDWANI, J.

DATE : 2 nd APRIL , 202 4 .

.

Heard.

2.

The writ petition challenges the order dated 05.01.2024 below Exhibit - 40 passed by the learned Ad-hoc District Judge-6 and Sessions Judge, Nagpur, in Sessions Case No.803 of 2021, whereby rejecting the application of the petitioner for recalling of witness.

2.

The contention is that the cross-examination of PW Nos.1 to 7 was conducted in casual and negligent manner and is lacking of various aspects. It is further contended that just because of the fault of the counsel, accused should not suffer and recalling of those witnesses for further crossexamination is necessary for just decision of the case. To buttress his submission, he seeks to rely on the case of Hindudstan Antibiotics and another vs State of Maharashtra and others, 2018 SCC OnLine Bom 10150 as well as Jamaluddin Mohd. Shaban Ansari vs State of Maharashtra, 2018 SCC OnLine Bom 10155.

TAMBE

2 Cr.WP-179-2024 3.

Mr Dubey, learned APP, waives notice on behalf of respondent/State.

4.

Stand over after two weeks.

(JUDGE) Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 03/04/2024 10:55:44 TAMBE