1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3229 of 2008 IN Writ Petition No. 739 of 2005 [decided] [P.G. Dhabarde Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. N.D. Khamborkar, Adv., for the applicant. Mr. A.S. Fulzele, APP for Respondent No.1. ----- CORAM : A.H. JOSHI, J. DATE : 07th January, 2009. 1. Heard. 2. Learned Adv., for the petitioner prays for re-hearing of Criminal Writ Petition, decided by this Court by order dated 23rd June, 2008. 3. It is seen that the acquittal, which is in relation to charge under Section 325, Indian Penal Code, was because of failure of prosecution to prove the injury towards breaking of the tooth. 4. It is not shown that efforts were made by the prosecution to call for the evidence, however, the Court refused to accord necessary assistance. 2 5. The situation cannot be altered for re- hearing of the Writ Petition. 6. In these premises, no indulgence is called for. Application is rejected. Judge |Hedau| 3