1 Crim.Appln. No.2253/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2253 OF 2010 WITH CRIMINAL APPLICATION NO. 2254 OF 2010 Tubex Metals Pvt.Ltd. & Ors. ...Applicants vs. Steel Authority of India Limited & Anr. ...Respondents Mr.Rajendra Sorankar i/b. M/s.S.K. Jain & Associates for the Applicants. Mr.Y.C. Naidu and Mr.Sourabh Kulkarni i/b. M/s.C.R. Naidu & Co. for Respondent No.1. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 21, 2010 P.C. :- 1 Heard Counsel for the applicants and Counsel for respondent no.1. 2 The applicants are challenging order passed by the trial court allowing the application of the complainant to withdraw the affidavit of evidence 2 Crim.Appln. No.2253/2010 and the documents filed in the said affidavit with liberty to file fresh affidavit of PW1. 3 According to the complainant, he had filed two cases and by mistake, the affidavit of evidence in the first case was inadvertently filed in the second case. During the cross-examination of the witness when this fact was noticed by the Advocate appearing on behalf of the complainant, he filed an application for rectification of the said mistake. The learned Magistrate observed that no prejudice is caused to the accused and therefore, permitted the complainant to rectify the said mistake. 4 Counsel for the applicants submitted that once a document is exhibited in evidence, it cannot be de-exhibited. He further submitted that the complainant may not be permitted to bring any additional documents. He, therefore, submitted that the impugned order was liable to be set aside on that count. 3 Crim.Appln. No.2253/2010 5 It is not possible to accept the contention of the learned Counsel for the applicants. The learned Magistrate has passed a reasoned order and has observed that there is a bonafide mistake on the part of the complainant s Advocate. It is always open for the accused to bring on record the documents which have now been de-exhibited as a result of the said order. Hence, no case is made out for interference by this court. The trial is expedited. 6 Application is disposed of. (V.M. KANADE, J.)