The High Court dismissed a Criminal Writ Petition challenging the dismissal of an application under Section 311 Cr.P.C. The applicants contested the trial court's decision to recall a prosecution witness rather than allowing the State to examine other presenting doctors' officers.
Petition dismissed with no order as to costs.
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457
rng
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI.WRIT PETITION NO.457 OF 2011
1.Shri.Tatyasaheb Kale.
2.Shri Pandurang Ramchandra Kale
3.Shri Appasaheb Ramchandra Kale
4.ShriVithal Ramchandra Kale
5.Shri Moreshwar Pandurang Kale
6.Shri Dattatraya Pandurang Kale
The State of Maharashtra
(Th.P.I.Loni Kalbhor police stn)
... Respondent
Ms.Kalyani Julankar h.f. Mr.S.B.Deshmukh for
Applicants
Mr.R.M.More APP for Respondents
CORAM: K.U.CHANDIWAL, J
DATE:21st September,2011
P.C.
1. The State moved an Application below
Exhibit 133 in Special case No.67/2005 in
terms of section 311 Cr..P.C. calling upon
the Medical Officer who has examined the
injured.
457
2.The witness Dr.Abhilash Handu PW 10
during his evidence illustrated that the
injured were operated by other doctors whose
nameshegaveinhisevidence.
Consequently, the prosecution was incumbent
to call upon those Medical Officers to
establish the certificates and medical case
papers. I do not see any error on the part
of the learned Judge in allowing the said
application moved by state. Criminal
Application lacks merit. Dismissed.
K.U.Chandiwal,J
2 issues framed by the court
Whether dismissal of an application under Section 311 Cr.P.C. calling prosecution witnesses was correct.
Whether the High Court was justified in dismissing the Criminal Writ Petition seeking review of impugned judgment.
1 provisions across 1 enactments
Shri Tatyasaheb Kale and Others
The State of Maharashtra
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court