Order 1

Order Details: Order
Pdf Text: 1 C.C. No.498/PW/2019
Exh.16
ORDER BELOW EXH.16
1. This is an application filed by accused for recalling P.W.1.
2. Brief contentions in the application are as under:
In the present matter examination in chief of P.W.1 was
recorded on 23/01/2024. On that date accused and his advocate were
absent due to which ‘no-cross’ order was passed against him. It is next
contended that for fair trial, P.W.1 needs to be recalled in the interest of
justice. Hence, he prayed to allow the application and recall P.W.1.
3. APP has filed his reply overleaf the application. He has
submitted that case is pending from 2019 and examination-in-chief was
recorded on 23/01/2024. He has further submitted that on that day
adjournment application filed on behalf of accused was rejected. P.W.1
is resident of Jammu-Kashmir. Despite of rejection of adjournment
application, cross-examination of P.W.1 was not conducted. He lastly
submitted that grounds mentioned in the application are not sufficient
to recall the witness hence, he prayed to reject the application.
4. Heard both sides at length.
5. Perused record. It appears that examination-in-chief of
P.W.1 was recorded on 23/01/2024. On that day adjournment
application filed on behalf of accused was rejected. Despite of rejection
of application, cross-examination of P.W.1 was no conducted by accused.
Hence, order of no-cross was passed against him. Present application is
filed on 17/10/2024. Considering facts and grounds mentioned,
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2 C.C. No.498/PW/2019
Exh.16
interest of justice requires that accused may be given fair opportunity to
bring on record his defence. So application deserves to be allowed. At
the same time, it cannot be ignored that there has been delay in the
disposal of case due to accused, so some cost is necessary to be saddled
on them. In the result, I pass following order :
ORDER
1. Application is allowed subject to payment of costs of
Rs.1,000/- (Rupees One Thousand Only) by accused to
P.W.1.
2. P.W.1 be recalled for cross-examination on payment of cost
amount.
Date : 09/01/2025
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai.
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