High Court dismissed criminal writ petition challenging Sessions Judge's order refusing re-examination directions to petitioner who claimed illness and desire to resile from cross-examination admissions, finding no legal error.
Criminal Writ Petition No.223 of 2014 dismissed; order of trial court affirmed without modification.
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1 Cr WP 223/2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Criminal Writ Petition No.223 of 2014
Manoj s/o. Subhashappa Mule.
.. Petitioner.
Versus
The State of Maharashtra And Others. .. Respondents.
Shri. V.M. Jaware, Advocate, for petitioner.
Shri. S.K. Tambe, Additional Public Prosecutor, for respondent No.1.
CORAM: T.V. NALAWADE, J. DATE : 2nd DECEMBER 2014
ORDER:
made by the learned Sessions Judge on Exhibit 54 in R.C.C. No.198/2008. The present petitioner is the first informant in the case filed for offence under sections 420, 467, 468, 471, 34 etc of the Indian Penal Code against the respondent Nos.2 to 5 by police. It appears that the petitioner was examined and cross-examined and after that he filed application for his re-examination. He prayed
2 Cr WP 223/2014
for his de novo examination. It is his contention that he is patient of blood pressure so without understanding nature of the questions he gave some answers and so it is necessary to take his evidence again. The learned Judge of the trial court has observed that he wants to resile from some admissions given during cross-examination and due to that he had made such application.
3) The petition stands dismissed.
Sd/- (T.V. NALAWADE, J. )
rsl
2 issues framed by the court
Whether an inquiry for re-examination of a witness due to resiling from cross-examination admissions falls under section 311 CrPC.
Whether the trial judge erred in not granting direction for de novo examination of the petitioner who claimed illness during initial examination.
1 provisions across 1 enactments
Manoj s/o. Subhashappa Mule
The State of Maharashtra And Others
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
