Dismissed

M/S Softgrip Power Solutions Pvt. Ltd. and Ors. v. Anchor Electricals Pvt. Ltd. and Anr.

Bombay HC10 Oct 2019WP/4343/2019

Case brief

AI extract

What is this about?

The Bombay High Court dumped four criminal writ petitions contesting an order rejecting the accused's application to further cross-examine a witness. The court held the magistrate was correct that the application was not maintainable as it did not seek to recall the witness.

What did the court decide?

The writ petitions are dismissed, but petitioners are at liberty to file an appropriate application for recalling the witness before the trial Magistrate.

M/S Softgrip Power Solutions Pvt. Ltd. and Ors. Vs… — Criminal Trial and Appeal | Bombay HC (2019)

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7-WP-4342-2019-4343-2019-4344-2019-4345-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.4342 OF 2019
WITH
CRIMINAL WRIT PETITION NO.4343 OF 2019
WITH
CRIMINAL WRIT PETITION NO.4344 OF 2019
WITH
CRIMINAL WRIT PETITION NO.4345 OF 2019

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M/S.SOFTGRIP POWER SOLUTIONS PVT. )
LTD. AND OTHERS)...PETITIONERS

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V/s.

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ANCHOR ELECTRICALS PVT. LTD. & ANR.)...RESPONDENTS

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Mr.Abhishek Avachat a/w. Mr.Viraj Patole, Advocate for the
Petitioners.

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Mr.Vinod Chate, APP for the Respondent - State.

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CORAM:A. M. BADAR, J.
DATE:10th OCTOBER 2019

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P.C.:

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1Heard the learned counsel for the petitioners. He

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submits that in one of the connected case, the accused is acquitted

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and taking him from the judgment in that case, the accused

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wanted to cross-examine the prosecution witness further, and as

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avk 1/3

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7-WP-4342-2019-4343-2019-4344-2019-4345-2019.doc

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such, an application came to be moved before the learned trial
Magistrate for continuation of cross-examination of the
prosecution witness. In his submission, the impugned order is
wholly incorrect as intention behind moving the application was
to recall the witness.

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2Perused the application moved by the
petitioners/accused before the learned trial Magistrate. It is,
infact, an application for permitting the petitioners/accused to
cross-examine the witness.

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3The learned trial Magistrate has rightly observed that
evidence of CW1 Chandrashekhar Kanse was over on 31st January
2019, after he was cross-examined on behalf of the accused by
getting the no-cross order set aside on payment of costs. The
learned trial Magistrate further observed that evidence of CW2
Siddhesh Sawant, Manager of the HDFC bank was recorded in
presence of the learned advocate for the accused and cross-
examination was declined. It is not case of the petitioners that
CW2 Siddhesh Sawant is required to be cross-examined further.

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avk 2/3

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7-WP-4342-2019-4343-2019-4344-2019-4345-2019.doc

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4It is seen that the learned trial Magistrate has rightly

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observed that the application, as framed and filed, is not
maintainable. No infirmity, therefore, can be found in the
impugned order rejecting the application for permitting the
accused to cross-examine the witness for the complainant. What
ought to have been filed was an application for recalling the

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witness which is not done by the accused. Therefore, the order :

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ORDER

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i) Writ Petitions are dismissed.

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ii)However, the petitioners/accused are at liberty to file an
appropriate application before the learned trial Magistrate.

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(A. M. BADAR, J.)

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avk 3/3

M/S Softgrip Power Solutions Pvt. Ltd. and Ors. v. Anchor Electricals Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

M/S Softgrip Power Solutions Pvt. Ltd. and Ors. v. Anchor Electricals Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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M/S Softgrip Power Solutions Pvt. Ltd. and Ors. Vs Anchor Electricals Pvt. Ltd. and Anr.