REVN.414-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION No. 414 OF 2010 Sandip Jayanto Das ...Applicant Vs. The State of Maharahstra ...Respondent *** Mr. Prashant Gurav, for the Applicant. Mr. A. S. Shitole, for Respondent No.1. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 14, 2010 P.C. 1. This is an application for setting aside the order passed by the learned Additional Sessions Judge, Dindoshi dated 24th June, 2010. By the said order, the application filed by the applicant for recalling the prosecution witness, was rejected by the trial Court. 2. I have perused the impugned order. After the witness was cross-examined at length, a fresh application was filed for recalling the witness. No grounds were set out in the said application as to why the REVN.414-10 - 2 - applicant wants to recall the said witness. The order for recalling the witness under S. 311 of the Cr.P.C. can be passed only if the sufficient grounds are made out. No such grounds have been made out by the applicant herein. Sufficient opportunity was given to him to cross examine the prosecution witness and accordingly, said witness has been cross-examined at length. It is well settled position in law that an application for recalling the witness cannot be made for filling up the lacuna in either the defence or the prosecution case. Hence, no interference in the impugned order is called for. The criminal revision application is therefore, dismissed. [ V. M. KANADE J.]