1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1394/2010 ( Bandu Vitthal Dakhare .vrs. Dr. Mangesh Madhavrao Kapgate) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.K. Bansod, Advocate for petitioner. .......... CORAM : P.D. KODE, J. DATED : SEPTEMBER 24, 2010 Mr. V.A. Morande, Advocate states that he has instructions to appear for the respondent and he would be filing his power on behalf of the respondent. Mr. S.K. Bansod, learned counsel for the petitioner, has stated that he is not pressing the application for reliefs in terms of the prayer made in application and is only seeking liberty to make an application before trial Court for permitting him to further cross examine the complainant. Mr. Morande, learned counsel for the respondent, has stated that the deposition of the complainant was recorded in the year 2005 and hence in event of court granting such liberty, the trial Court should be directed to decide the said application, as expeditiously as possible, and according to the law. 2 Having regard to the aforesaid and trial being incomplete, the request deserves to be allowed in the interest of justice. Hence, the application is marked disposed of as withdrawn with liberty to the petitioner/accused to apply the trial Court for the purpose of further cross examination of the complainant. It is clarified that in event of petitioner making such an application, the trial Court shall decide the same on its merit in accordance with the law. Criminal Application (APPP) No.861/2010 In view of disposal of main application, this application also stands disposed of. Steno copy is allowed. JUDGE Gulande