- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.811 OF 2008 WRIT PETITION NO.811 OF 2008 WRIT PETITION NO.811 OF 2008 Popat Husain Khamkar & others ...Petitioners vs. State of Maharashtra ...Respondent Mr.N.R.Bubna for the petitioners Mr.Y.M.Nakhawa A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 21,2008 : AUGUST 21,2008 : AUGUST 21,2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Petitioners and the learned A.P.P for State. The petitioners are accused in pending Sessions Case. The prosecution wanted to examine the Medical Officer Dr.Bhamre to prove the post mortem notes. An application was made by the petitioners stating that they have executed power of attorney in favour of a Medical Practitioner and the said Medical Practitioner may be permitted to cross examine the said prosecution witness. The said application has been rejected by the impugned order. 2. Admittedly, the petitioners have engaged services of an Advocate who continues to represent them. The power of attorney holder of the petitioners is not an Advocate. The learned Trial Judge was right in rejecting the prayer made by the Petitioners for permitting the said Constituted Attorney of the Petitioners to cross examine the prosecution witness especially when the petitioners are represented by an Advocate. No case is made out for interference with the impugned order. Petition is rejected. - 2 - JUDGE JUDGE JUDGE