Interim Order 1

Order Details: Order Below EX 1
Pdf Text: 1
MHMM180024852018
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 24 in C. C. No. 68/SS/2018
1. This is an application filed by the accused u/s. 311 of Cr.
P.C. Ld. Advocate Chandrakant Borade submitted on behalf the
accused that accused want to crossexamine the complainant
therefore, prosecution witness No. 1 be recalled.
2. The complainant raised the objection to recall the
witness. Ld. Advocate Milind Gaware submitted on behalf of the
complainant that accused intentionally prolonged the matter
therefore he prayed that the application be rejected.
3. The complainant filed his affidavit in lieu of examination
in chief at Exh. 05 but the accused was absent therefore the cross
examination of the said witness is closed by the court on 15.03.2019.
Ld. Advocate Chandrakant Borade submitted that the accused is
ready to crossexamine the witness. The accused has no intention to
prolong the matter. Therefore, he prayed that crossexamination of
the P. W. No. 1 Mr. Sachin Jayaram Rewale be allowed. In view of
the section of 311 of the Cr. P. C. the Court may recall the any
witness which is already examined by the Court for just and proper
decision. In the present case accused had not cross examined the P.
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W. No. 1 as he was not acquainted with the legal proceeding. If he is
allowed to crossexamine the witness, it will not prejudice to the
complainant but also it is helpful to the court the come on proper and
just conclusion of the trial. Accused caused the delay of the
proceeding therefore, I hold that complainant may be compensated
by way of the cost. Hence, I pass following order
O R D E R
1. Application at Exh. 24 is allowed subject to the cost of
Rs. 2,000/ (Rupees Two Thousand) payable to the P. W.
No. 1 Mr. Sachin Jayaram Rewale.
Mumbai, (M. Y. Wagh)
Dated : 28.11.2019. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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