1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3228/2009 State of Maharashtra thr. PSO. PS Pachpaoli, Nagpur ..vs.. Roshan Nakke and ors. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Mandpe, A.P.P. for applican. CORAM:- R. Y. GANOO, J. DATED :- 17 th SEPTEMBER,2009 1. Learned 7th Additional Sessions Judge, Nagpur is conducting trial namely Sessions trial No. 397/2008. One witness Mangal Baban Chavan was examined on behalf of the prosecution. It is seen that while typing the evidence following words have been typed “lfr’kus eukst ds lj ij iRFkj iVdk.” According to learned Prosecutor, the witness has stated “Nitin” and this was considered by learned Prosecutor as an ambiguity. He, therefore, filed application for seeking permission to re-examine the witness. That application was rejected by learned 7th Additional Sessions Nagpur by order dated 01.08.2009. 2. This order dated 01.08.2009 is challenged in this Criminal Application. 2 3. Having heard learned A.P.P. and after having noticed the points involved, I am inclined to observe that the learned Additional Sessions Judge has taken a correct view of the matter. If it is noticed that a mistake has crept in while typing the notes of evidence, remedy is some other than recalling the witness for rendering evidence again as per wishes of the prosecution. It is on this ground, I am not inclined to interfere in this order dated 01.08.2009. The application, therefore, is required to be dismissed. Hence, the order. (a) The application is dismissed at the stage of admission. (b) Needless to mention that if the State has any other remedy, it is open for the State to adopt those proceedings. (c) No views are expressed on merits of the matter. JUDGE kahale