1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2009 OF 2009 Govind Kisan Bagade & Ors. ..Petitioners versus The State of Maharashtra ..Respondents Mr. G. R. Agarwal for Petitioners. Ms. A. T. Jhaveri – APP for State. CORAM : S. A. BOBDE, J. DATED : 5TH AUGUST, 2009. P.C. : 1. The petitioners have challenged the Order of the Additional Sessions Judge dated 2nd July, 2009, rejecting their application for permission to confront a prosecution witness with her statement under Section 162 of the Evidence Act. The learned Sessions Judge has specifically pointed out that the reason for which the petitioners want to confront the witness, is not substantial. In the evidence the witness has stated that the accused first assaulted Jijabai and then with the same knife to Tulshiram. The Sessions Judge has observed whether she stated this to the police or not is of a little consequence. Since in her examination in chief itself she has stated the order in which the accused made the assault. The trial court has further observed 2 that extra material found in the statement is also not very consequential since it is in relation to the running away after assault. 2. There is no perversity or error of law in the order of the trial court. Moreover, there would be no miscarriage of justice in view of the observations of the trial court that this aspect can be argued out by the counsel at the time of final hearing. In the circumstances, the trial court has rightly rejected the application also with a view to avoid further delay. There is no reason to interfere. Petition is dismissed. (S. A. BOBDE, J.)