1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.31 OF 2010 Rameshwar S/o Vyankatrao Mundhe Appellant V/s The State of Maharashtra & another Respondents ------------------------------------------------------ Advocate Shri.A.M.Gaikwad for appellant. ------------------------------------------------------ (CORAM : P.R.BORKAR) Dated :4th March 2010 PER COURT : 1. This is a petition filed by original injured victim in Sessions Case No.24/2008 pending in the Court of Additional Sessions Judge-2 Ambejogai, this petition is directed against the order passed by Learned Additional Sessions Judge on application Exh. 133/D, which was made by the accused / respondent no. 2to 4 for requesting Court to recall witness PW-8 Vaijanath Dalve for cross examination, on the ground that during cross examination of investigating officer it was revealed that supplementary statement of Vaijnath Dalve was recorded on 24/01/2008. The copy 2 thereof was subsequently produced by the investigating officer on record and with the reference to that supplementary statement, defence wanted to further cross examine the witness-Vaijnath Dalve. The application was opposed by the State on the ground that the defence was aware of supplementary statement and could have called it earlier and cross examined witness Dalve. It appears from Exh.128, which is an application for production of documents, that the defence has produced the ferist of documents produced with chargesheet to show that supplementary statement of Vaijnath Dalve was recorded on 24/01/2008 but copy of the same was not supplied. It is not disputed anywhere that copy of the supplementary statement was not supplied to the defence. In the facts and circumstances, the petition is dismissed in limine. (P.R.Borkar) JUDGE DSP/Cri.w.p.31.10