1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2111 OF 2009 Rajesh Dhirajlal Vora ..Petitioner versus The State of Maharashtra & Anr. ..Respondents Ms. Rashmi Gangwani i/b. Mr. Ganesh Gole for Petitioner. Ms. A. T. Jhaveri – APP for State. CORAM : S. A. BOBDE, J. DATED : 15TH SEPTEMBER, 2009. P.C. : 1. The petitioner has challenged the order of the learned Metropolitan Magistrate, 14th Court, Girgaon, Mumbai, dated 5th November, 2008, rejecting the application made by the petitioner for recalling the P.W. No.1- Complainant for cross-examination. 2. The trial court has rejected this application interalia on the ground that earlier also a similar application for recall was preferred which was allowed. However the accused did not proceed with the matter. Another application has been filed for the same relief. When the application was filed initially it was kept for orders after cross-examination. However, 2 though the matter was kept for cross-examination of the complainant on 2 -3 occasions the Advocates for the petitioner remained absent. Though the matter was kept for cross-examination by the advocates for accused Nos. 3 and 5 and they did not avail of the opportunity. Eventually they declined cross-examination. 3. Having regard to the fact that the matter is old and having regard to the conduct of the petitioner the order of the trial court cannot be said to be suffering from any illegality or perversity. Petition rejected. (S. A. BOBDE, J.)