1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Revision Application No.150 of 2008 (State of Maharashtra, through PSO, Akiola v. Bandu @ Pradip Pundlikrao Deshmukh and others) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- APP for Applicant/State. CORAM : R.C. Chavan, J. DATE : 8th October, 2008 Heard the learned Additional Public Prosecutor for the applicant/State. The State takes exception to the order passed by the learned Additional Sessions Judge, Akola, rejecting the State's application Exhibit 98 for re-opening the case after it had examined the Investigating Officer. The Additional Public Prosecutor in charge of the case has stated that through oversight, witnesses, Milind Digamber Raut, Santosh Yashwantrao Bhatkar, Prashis Dnyandeo Wankhade, Mangal Baliram Jadhav and Vasant Vitthalrao Dube could not be examined and presence of witness Krushna Anantkumar Patil could not be secured. Ordinarly, an Additional Public Prosecutor in charge of the case should not have examined the Investigating Officer, signalling an end to the Sessions Trial, without making an endeavour to examine these witnesses first. But since it is mentioned that this was due to oversight, in the interest 2 of justice, particularly, since it is a case of offence punishable under Sections 306 and 201 read with Section 34 of the Penal Code, the impugned order is set aside in order to give the prosecution one last opportunity to complete the trial within a period of two months from the date of this order with no excuses, like failure to serve the witnesses, etc. Additionally, the State would pay to the non-applicants the costs, which are quantified at Rs.2,000/- for having been unnecessarily dragged to this Court for lapse on the part of the Prosecutor. The costs shall be paid within one week; failing which it shall be presumed that the prosecution does not want to examine any witness. The application is disposed of. JUDGE Lanjewar