Interim Order 1

Order Details: Order
Pdf Text: 1 C.C. No.766/PW/2019
Exh.11
ORDER BELOW EXH.11
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 and cross-
examination of P.W.1 was recorded on 26/10/2021. It is next
contended that P.W.1 was previously examined but now the matter
is settled between the parties and he want to recall the P.W.1 and
re-examine him. Hence, he prayed to allow the application and to
recall P.W.1.
3. APP has filed his reply overleaf the application. He has
submitted that P.W.1 is examined and his cross-examination by the
advocate for accused was also conducted. He has further
submitted that reason of compromise cannot be a ground for
recalling of witness. He has next submitted that offence committed
by accused is non-compoundable. Hence, he prayed to reject the
application.
4. Heard both sides at length.
5. Perused record. It appears that examination-in-chief
and cross-examination of P.W.1 was recorded on 26/10/2021.
Thereafter, on 04/03/2022 present application came to be filed.
Perusal of evidence of P.W.1 recorded on 04/03/2022 it reflect that
informant admitted the incident happened with him and also
admitted the complaint given by him against accused to the Juhu
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2 C.C. No.766/PW/2019
Exh.11
Police station. There appears no just and proper reason mentioned
in the application for recalling of P.W.1. Therefore, application
deserves to be rejected. In the result, I pass following order :
ORDER
Application is rejected.
Date : 28/01/2025
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai.
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