Criminal writ petition dismissed regarding permission for additional witnesses. Court observed prosecution evidence not over and petitioners raised no fault in impugned order. Trial to be expedited.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.275 OF 2006
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Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders
or directions and
Registrar’s orders
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Mr.M.S.Karnik for the petitioners.
Mrs.M.H.Mhatre, APP for the State.
Coram : R.S.Mohite,J
Date : 14.2.2006.
PC
1. This petition impugns an order
dated 25.1.2006, by which the
Complainant has been permitted to
examine 2 more prosecution
witnesses. It is contended on
behalf of the petitioners that
these 2 witnesses were not named
in the complaint and instead of
examining the main witnesses, two
additional witnesses are sought to
be examined. It is seen that
prosecution evidence is not over.
Merely because in the
cross-examination of the
complainant the defence has been
: 2 :
suggested, that by itself cannot
preclude the complainant from
leading such further evidence. No
fault can be found in the impugned
order. Hence, petition is
dismissed. However, trial is
expedited and it is expected that
the same will be completed by the
end of the year.
(R.S.Mohite,J)
Mr.M.S.Karnik
Mrs.M.H.Mhatre
R.S.Mohite
As recorded by the court registry
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