WP.2483-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 2483 OF 2010 Mrs. Jyoti Vinod Shirke ...Petitioner Vs. Rajendra Baburao Tilekar & Anr. ...Respondents *** Mr. Onkar Warange, for the Petitioner. Mr. A. S. Shitole, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 14, 2010 P.C. 1. Heard the learned counsel for the petitioner. The petitioner has filed this writ petition, challenging the order dated 26th July, 2010 passed by the learned J.M.F.C., Malegaon. By the said order, the learned Magistrate was pleased to reject the application filed by the petitioner for recalling of the witness and permitting him to further cross-examine the said witness. In the application for recalling, it has been stated that his earlier advocate did not put up the defense in the cross-examination of WP.2483-10 - 2 - the complainant properly and therefore, said application was filed. 2. I have perused the impugned order. In my view, there is no infirmity in the order passed by the learned Magistrate. In the present case cross-examination of the witness was over on 11-2-2009. The trial Court has observed that the petitioner was given an ample opportunity to cross-examine the witness and he had taken almost two and half years to complete the said cross-examination. The cross-examination of the said witness commenced in the year 2007 and completed on 11th February 2009. The learned Magistrate has also observed that the accused had used all the tactics and methods of protracting the trial. The learned Magistrate has also observed that cross-examination of the complainant runs into 7 pages and ample opportunity was given to raise all available defenses. Under these circumstances, it is not possible to interfere with the impugned order passed by the trial Court. The writ petition is accordingly, dismissed. [ V. M. KANADE J.]