1 ndm 2 revn.552.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 552 OF 2009 Smt. Droupadi Pandit Nangare. ... APPLICANT Vs. The State of Maharashtra and anr. ... RESPONDENTS ­­­­­­­­ Mr. Kuldeep S. Patil for Applicant. Mr. K.V. Saste, APP for Respondent No.1­State. Mr. Machindra Deshmukh for Respondent No.2. ­­­­­­­­ CORAM : B.R. GAVAI, J. DATE : 21 st April, 2010. P.C. 1 The revision application challenges the order dated 10 th August, 2009 passed by the learned Additional Session Judge, Sangli thereby remanded the matter to the learned trial Court with liberty to the complainant to lead additional evidence. 2 Mr. Kuldeep S. Patil, the learned counsel appearing on behalf of the Applicant submits that the order of remand is in fact an order, which permits the complainant to cure the lacuna in the 2 prosecution case. He therefore submits that such and order is not permissible. 3 The learned counsel appearing on behalf of the Respondent­ complainant makes a categorical statement that though the complainant has been given liberty to lead additional evidence, he shall lead evidence only for proving the documents below Exhibit 90/1 and 90/2. 4 From the perusal of the order passed by the learned Magistrate as well as the learned Sessions Judge would reveal that thought these documents below Exhibit 90/1 and 90/2 have been produced before the learned trial Court, it has been found by the Appellate Court that they were not duly proved in the evidence led on behalf of the complainant. In that view of the matter, I do not find any error insofar as the remand for proving the documents below Exhibit 90/1 and 90/2 are concerned. However, I find that the order permitting to lead further additional evidence would amount to retrial and would unnecessarily prolong the proceedings. 5 In that view of the matter, the revision is partly allowed by modifying the order dated 10 th August, 2009. 6 Instead of remand with liberty to the complainant to lead additional evidence, the remand shall be restricted only insofar as proving 3 the documents below Exhibit 90/1 and 90/2. It is further made clear that, if the Applicant­accused desires to lead any evidence in rebuttal only insofar as those documents are concerned, he shall be entitled to do so. [ B.R. GAVAI, J ]