sat 1 cri.wp 2442-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2442 OF 2011 Vijay Shankar Hande ...Petitioner vs. The State of Maharashtra & Anr. ...Respondents Mr.Vikas Shivarkar for the Petitioner. Mrs.U.V. Kejriwal, APP for the State. Mr.Sanjay J. Chitale and Mr.A.R. Mehendati for Respondent No.2. CORAM : M.L. TAHALIYANI, J. NOVEMBER 25, 2011 P.C. :- 1 Heard learned Advocate Mr.Shivarkar, for the petitioner. 2 The petitioner is the accused in a case - RCC No. 3587/2007 pending on the file of Judicial Magistrate, First Class, Court Room NO.1, Pune. The petitioner feels aggrieved by the order dated 21st June, 2011. The learned trial court has rejected the prayer of the petitioner for recall of four witnesses i.e. PW 1 to 4. sat 2 cri.wp 2442-2011 3 It appears from the order that the similar prayer was made earlier also and was rejected by the then Magistrate presiding over the said court. The Magistrate who passed the impugned order felt that the consideration of fresh application on the same grounds might amount to review of the order which is not permissible under the Criminal Procedure Code. 4 Without going into the question whether the view taken by the Magistrate was right or wrong, one thing is certain that if such case reaches the conclusion with the order of conviction, the same is likely to be vitiated for want of cross-examination of material witnesses. In the circumstances, it is imperative that the prayer shall be granted. At the same time, considering the conduct of the petitioner before the trial court, I am inclined to impose some costs on the petitioner. Hence, I pass the following order :- 5 Writ petition is allowed. The order dated 21st June, 2011 passed by the Judicial Magistrate, First Class, sat 3 cri.wp 2442-2011 Court Room No.1, Pune, is set aside. The learned trial court is directed to recall the witnesses i.e. PW 1 to 4 for being tendered for cross-examination by the petitioner on 12th December, 2011. 6 Learned Counsel for respondent no.2 states that she will keep her witnesses present on next date of hearing. The cross-examination be taken up on the same day and be concluded on day to day basis. The costs of Rs. 5000/- be paid by the petitioner to respondent no.2 in the trial court on next date of hearing. 7 The petition stands disposed of. (M.L. TAHALIYANI, J)