WP.1314-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1314 OF 2010 Mr. Ketan Thakkar ...Petitioner Vs. Mr. Dilip Kibe & Anr. ...Respondents *** Mr. S. V. Kotwal i/b M. S. Mohite, for the Petitioner. Mr. A. S. Shitole, APP, for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : AUGUST 23, 2010 P.C. 1. Heard the learned counsel for the petitioner. The petitioner is challenging the order dated 18-12-2008 passed by the learned Magistrate whereby the application filed by the petitioner herein for permission to cross-examine the complainant was rejected by the trial Court and which order was confirmed by the Sessions Court in Criminal Revision No. 1029 of 2008 . 2. It is submitted that after the examination in chief of the complainant was recorded, the junior lawyer appearing on behalf of the accused declined to cross-examine the complainant. He submitted that WP.1314-10 - 2 - thereafter an application was made on behalf of the accused seeking permission to cross-examine the complainant. It is submitted that in the interest of justice, application of the petitioner ought to have been granted. On the other hand, the learned counsel appearing on behalf of the complainant submitted that sufficient opportunity was given to the applicant to cross-examine the complainant and therefore, both the Courts below have rightly declined to allow the application filed by the applicant. 3. In my view, the submission made by the learned counsel for the petitioner cannot be accepted. Both the Courts below have given cogent reasons for not granting the application filed by the petitioner. In my view, no case is made out for interference with the impugned order while exercising jurisdiction of this Court under Art. 227 of the Constitution of India, more particularly, because the petitioner may still have an opportunity to cross-examine the complainant after the charge is framed by the learned Magistrate. Hence, criminal writ petition is dismissed. [ V. M. KANADE J.]