1 Criminal Writ Petition No.706 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.706 OF 2011 Sadashiv S/o.Datta Korde PETITIONER VERSUS State of Maharashtra RESPONDENT Mr.S.S.Rathi, learned counsel for the petitioner. Mr.S.G.Nandedkar, learned A.P.P. for respondent State (CORAM : A.V.POTDAR, J.) DATE : 29/09/2011 ORAL ORDER : 1. Heard learned counsel for the petitioner followed by the submissions of learned A.P.P. Perused the statements of the witnesses and the application at Exh.66. 2. By the present writ petition, the petitioner/accused has questioned the correctness of the order passed below Exh.66 in Sessions Case No.6/2010, pending on the file of Additional Sessions Judge-2 Parbhani, permitting re-examination of the Investigation Officer in respect of the proposed question no.1 to proposed question no.5. 2 Criminal Writ Petition No.706 of 2011 3. Perusal of the order impugned discloses that the re- examination can be permitted under the Indian Evidence Act on 2 counts, if some ambiguity is created in the cross examination of the witness or any new material is brought on recordin the cross examination of the witness, then to remove that ambiguity and to seek clarification, re-examination can be permitted. Total 5 questions were proposed to be put by way of re-examination, which were allowed by way of order below Exh.66. Learned counsel for petitioner is not succeeded in proving so far as question no.1 to be put by way of re-examination as it is un-warranted, but so far as remaining questions are concerned, they required to be clarified to remove the ambiguity and to seek proper explanation about the answers given by the witness in cross-examination. Considering this aspect, the order passed below Exh.66 by the learned Lower Court is partly modified. So far as question no.1 to be put by way of re-examination, it is not allowed, while remaining questions are allowed. Writ petition stands disposed of accordingly. 4. It is hereby clarified that the relevancy of the offshoot of the re- examination is subject matter of the arguments to be submitted at the end of the trial. (A.V.POTDAR, J.) khs/SEPT.2011/cri-w-p-706-11