FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.377 OF 2006 CRIMINAL APPLICATION NO.377 OF 2006 CRIMINAL APPLICATION NO.377 OF 2006 -------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s orders -------------------------------------------------------- Mr.Nitin Jamdar i/by Vijay Killedar for the applicant. Mr.S.S.Tatkare, APP for the State. Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 8.3.2006. PC 1. This is an application challenging an order passed below Notice No.1/N/2002 by the Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai, allowing the application under Section 311 of Cr.P.C. The facts of the case indicate that the witness in question was cross-examined briefly by the Advocate for the accused and the matter was adjourned to the next date. On the next date Advocate for the accused had some difficulty and therefore, requested his coleague to adjourn the matter. But the trial Court : 2 : refused to adjourn the matter and therefore, the colleague Advocate by name K.B.Khan conducted whatever cross-examination he could. In the meanwhile, on the suggestion of the Court a notice for production of certain documents had been given by the Advocate for the accused and the reply had been obtained. Cross-examination on this point also could not be conducted. In the circumstances, in the interest of justice the Court has allowed the recall for cross-examination. This is not a fit case to interfere with at this stage. Conducting of further cross-examination will not prejudice the present applicant. Application is therefore, rejected. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)