1 ndm 6 wp.2725.09 operative order IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2725 OF 2009 M/s. Jagdale Mirch Masala Products (India). ... PETITIONER Vs. Kamal Foods and anr. ... RESPONDENTS ­­­­­­­­ Mr. G.S. Godbole with Mr. P.M. Arjunwadkar for Petitioner. Mr. Umesh R. Mankapure for Respondent No.1. Mr. D.R. More, APP for State. ­­­­­­­­ CORAM : B.R. GAVAI, J. DATE : 07 th April, 2010. P.C.: For the reasons separately recorded in the judgment, the following order is passed: I. I am therefore of the considered view that the learned Magistrate has erred in rejecting the application by taking a hyper technical view. The petitioner will have to be therefore, allowed. Rule is made absolute in terms of prayer clauses ( a ) and ( b ). Needless to state that the Respondent­accused would be at liberty to cross­examine the complainant in respect 2 of the additional affidavit in lieu of examination in chief, which is permitted to be placed on record. II. In the peculiar facts and circumstances of the case, though the Respondent­accused has filed pursis to the effect of not leading any evidence, it is clarified that, if in view of the changed circumstances, the Respondent­accused desires to lead any evidence, the liberty would be granted for that purpose. III. Needless to state that the petition has been allowed by this Court only considering the scope of Section 311 of the Criminal Procedure Code and that the Court has not touched the merit of the matter. The learned trial Court would decide the matter on the basis of the evidence that would be led before him including the evidence already on record. IV. At this stage, the learned counsel for the Respondent­accused prays for stay of the judgment for a period of six weeks. Since, the matter is pending before this Court from 07 th October, 2009, there shall be stay to the order passed by me for a period of four weeks from today. [ B.R. GAVAI, J ]