kbp 1 crappl212-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.216 OF 2009 IN CRIMINAL WRIT PETITION NO.945 OF 2008 Shivaji Hindurao Patil ..Applicant Vs. State of Maharashtra ..Respondent ......... Mr.R.G.Panchal, for applicant. Mr.A.P.Mundergi, Senior Counsel a/w.Miss.Swapna Kode, for respondent nos.2 and 3. Ms.A.T.Javeri, APP for respondent State. ........ CORAM : A.S.OKA, J.. DATE : 1 st OCTOBER, 2009. P.C. : 1] Heard learned advocate for applicant. 2] The prayer in this application is for recalling the judgment and order dated 11 th July, 2008 passed by this Court in Criminal Writ Petition No.945 of 2008. 3] Perusal of the order dated 11 th July, 2008 shows that the same has been passed on the basis of the statement made by the first respondent therein (applicant in this application­complainant) that there was no verification statement recorded under Section 200 of the Code of Criminal Procedure, 1973. 4] This application proceeds on assumption that in fact the verification kbp 2 crappl212-09.sxw statement of the applicant­complainant was recorded in accordance with Section 200 of the Code of Criminal Procedure. When a query was made to the learned counsel for the applicant, he states that there is an affidavit filed by the applicant in support of the complaint. It is settled law that the verification under Section 200 of the said Code cannot be recorded in the form of an affidavit. Hence, there is no reason to recall the judgment and order dated 11 th July, 2008. 5] Criminal Application is rejected. ( A.S.OKA, J. )