1 WP-2871-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL WRIT PETITION NO. 2871 OF 2009 Rima Singh @ Rima Shah ... Petitioner vs. State of Maharashtra & Ors. ... Respondents Mr. Rajendra Sorankar, i/b. Mr. A.V.Chatuphale, Advocates for the petitioner. Mrs. A.A.Mane, APP, for the respondent No.1 - State. Mr. A.P.Mundargi, i/b. Mr. N.G.Chhatre, Advocate, for the respondent No.2. CORAM: J.H.BHATIA,J. DATE : 4th August, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The petitioner is the original complainant and respondent No.2 is her husband. He is accused in the criminal case. Respondent No.3 is also accused in the same case. The case is pending since 2002. By an order dated 23.11.2006 in Criminal Writ Petition No.1966 of 2006 filed by the present petitioner, this Court had permitted her to produce the documents at Sr. Nos. 3(a) to 3(g), 3(l) and 3(m) shown in the application dated 28.12.2005. As per that application, said documents were the photocopies of pass books, income tax returns and statement of accounts from banks and certain bills and photographs taken by Ajay Detective 2 WP-2871-09.sxw and security Services. It appears that the applicant produced certain documents but the documents were found to be not certified and therefore,they were not admitted in evidence by the trial Court. The applicant made an application to call several witnesses from different banks and authorities to prove those documents. She also filed an application for recalling four witnesses, who were examined long back and who had not supported the prosecution case. Those two applications were also rejected. 3. After some discussion at the Bar, with consent of the learned Counsel for the parties, the petition stands disposed of with following directions (i) The petitioner shall be allowed to produce the original or certified copies of the documents which were allowed to be produced as per the order dated 23.11.2006 in W.P. No.1966/2006. (ii) The certified copies of the public documents and the pass books and statements of accounts from banks which are admissible in evidence without calling the witnesses or which are admitted by accused under Sec.294 Cr.P.C. shall be admitted in evidence and exhibited. Only those documents which cannot be admitted in evidence without calling the witnesses, may be proved by calling the 3 WP-2871-09.sxw concerned witness. (iii) The petitioner shall also be allowed to enter into witness box to prove such documents if she can. (iv) It is reported that the Cri. Case No.765/2002 is fixed before the JMFC, Vashi on 9.8.2010. The parties including the petitioner shall appear before the Court on that day and her remaining evidence shall be recorded on the date which may be fixed by the trial Court. The petitioner shall not be granted any adjournment for giving her own evidence. If any other witness is required to be examined to prove any document as per these directions, that witness shall also be examined within a period of 2 months from this day. (v) Witnesses, who were examined previously and were declared hostile, would not be recalled. Petition stands disposed of accordingly. (J.H.BHATIA,J.)