IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 77 OF 2010 SHRI SIXTUS ALIAS ERIC DIAS ... Petitioner Versus STATE, THROUGH PUBLIC PROSECUTOR ... Respondent Shri Shivan Dessai, Advocate for the Petitioner. Shri C. A. Ferreira, Public Prosecutor for the Respondent. Coram:- N. A. BRITTO, J. Date:- 22nd September, 2010 P.C.:- Heard. PW1/Abhijit Banaulikar has been declined to be recalled for further cross-examination by the the learned Magistrate by Order dated 20-8-2010. The petitioner who is an accused and at whose instance the application for recall was filed was also a party Respondent in the Claim Petition. The evidence of the said Abhijit Banaulikar was recorded by the Claims Tribunal on 5-12-2008 and 12-12-2008. The evidence of the said Abhijit Banaulikar was recorded by the learned Magistrate on 6-4-2009 and the application for recall came to be filed for the first time on 5-7-2010. The statement given by the witness before the Claims Tribunal could have been secured by the petitioner well in time in case the petitioner wanted to cross-examine the said Abhijit Banaulikar when he was examined before the learned Magistrate. Petitioner has not been diligent at all. This is not a fit case for interference. Petition disposed off. N. A. BRITTO, J. RD.