Accused in a Special ACB case challenged rejection of his application to recall PW1 for cross-examination after a no-cross order. The Court quashed both orders and permitted cross-examination of PW1 subject to payment of Rs.15,000 cost to the witness, directing day-to-day conduct with no further adjournments.
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2024:BHC-AUG:25873
Cri-WP-1406-2024.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1406 OF 2024
RAM MANGILAL CHAVAN
VERSUS
THE STATE OF MAHARASHTRA
Mr. S. S. Bora, Advocate for the Petitioner Mr. V. M. Chate, APP for the Respondent – State
CORAM : Y. G. KHOBRAGADE, J.
DATE : 16.10.2024
PER COURT :-
consent of the parties, heard finally at the stage of admission.
“ (b) That the impugned Order dated 28.03.2024 passed below Exh.93 by the learned Special Judge and Additional Sessions Judge-1, Nanded in Special ACB Case No.22/2016, thereby rejecting the prayer of the petitioner for recalling PW.1 for cross examination by setting aside no cross order dated 03.09.2022, may kindly be quashed and set aside and Application below Exh.93 may kindly be allowed by setting aside no cross order and recalling PW.1 for cross examination.”
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03.09.2022, the learned trial Court passed the order below Exh.18, which reads as under:-
“In view of Order dated 14/02/2022 passed below Exh..44, this witness has been recalled on the request of the accused after set aside the order dated 04/02/2022 passed below Exh.11 of no cross-examination.
Cross examination by Adv. Shri. C.M.Patki for the accused:- absent when called repeatedly- Adv. Shri. Ghorband holding for Adv. Shri. M. R. Sharma is present and has moved an application at Exh. 69 for seeking personal exemption of attendance of the accused, order passed below Exh.69 - personal attendance of the accused is exempted for the day on condition that his identity shall not be challenged nor any adjournment shall be sought in his absence by his AdvocatesAdv. Shri. D. D. Ghorband is requested to proceed with the cross-examination of this witness - however, Adv. Shri. Ghorband has declined to cross-examine the witness - no crossexamination.”
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11.10.2022 passed below Exh.1 and while passing said order, this Court considered the order passed in deposition of PW3, wherein it has been held that the Petitioner accused and his Counsel did not proceed with cross examination and undertaking was furnished that the Petitioner / accused would remain present before the trial Court. But, neither the Petitioner nor his Counsel co-operated during the course of the trial. So also, the trial protracted, because of non cooperation on the part of the Petitioner. Therefore, rejected the said application.
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request of the accused vide order dated 14.02.2022 passed below Exh.44. After setting aside, no cross order was passed on 04.02.2022 below Exh.51 and despite repeatedly adjournments have been sought. So also, the prosecution examined further witnesses.
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O R D E R
[ Y. G. KHOBRAGADE, J. ]
SMS
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1 issue framed by the court
Whether an accused who failed to cross-examine PW1 despite repeated opportunities should be allowed to recall the witness for cross-examination in a pending corruption trial.
Colour shows how this judgement treated each authority
Criminal Writ Petition No.1559 of 2022Referred¶5
3 provisions across 3 enactments
Ram Mangilal Chavan
The State of Maharashtra
Y. G. Khobragade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
