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Csquare Basalt Mining Private Ltd. and Ors. v. the State of Maharashtra

Bombay HC6 Mar 2023APL/172/2023

Case brief

AI extract

What is this about?

Criminal application to recall a no-cross-examination order was disposed of. The High Court allowed cross-examination on a fixed date but imposed a precondition for the applicants to compensate the complainant with Rs.15,000.

What did the court decide?

Applicants directed to pay Rs.15,000 to complainant; cross-examination permitted on 17th March 2023 subject to payment deposit.

Csquare Basalt Mining Private Ltd. and Ors. Vs the State of Maharashtra — Bombay HC (2023) — LawSathi Research

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34-apl172-2023.doc

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VRJ

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.172 OF 2023

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C’square Basalt Mining Private Ltd. & Ors. … Applicants

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V/s.

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The State of Maharashtra & Anr. … Respondents

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Mr. Vaibhav V. Ugle for the applicants. Mr. M.G. Patil, APP for the respondent/State. Mr. Jaimish Jain for the respondent No.2.

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CORAM : AMIT BORKAR, J. DATED : MARCH 6, 2023

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P.C.:

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1. By the impugned order learned Magistrate has rejected the application for recalling of no cross order. By the earlier order the learned Magistrate passed order of no cross against the applicant. On 21^st January 2023, since the learned advocate for the accused and his junior was absent. The learned Magistrate rejected the application on the ground that the accused was not ready to conduct the cross-examination.

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2. No fault can be found with the order of the learned Magistrate however in order to in the interest of justice, the accused needs to be given opportunity to conduct the crossexamination of the complainant. The learned advocate for the

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34-apl172-2023.doc

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accused, on instructions, states that 17^th March 2023 is the next date fixed by the learned Magistrate. On the said date he will complete the cross-examination of the complainant. No adjournment shall be granted on 17^th March 2023 to complete the cross-examination.

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3. Considering the reasons for recalling of no cross order and the fact that on 21^st January 2023 also the advocate was absent, the prejudice caused to the complainant needs to be compensation in terms of money. The applicant is, therefore, directed to pay cost of Rs.15,000/- to the complainant. Payment of cost shall be condition precedent before conducting the cross-examination. If the applicant fails to pay or deposit amount of Rs.15,000/- before the learned Magistrate before 17^th March 2023, the order dated 21^st January 2023 shall revive.

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4. The criminal application stands disposed of. No costs.

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(AMIT BORKAR, J.)

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Csquare Basalt Mining Private Ltd. and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Csquare Basalt Mining Private Ltd. and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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