Full Order Text
Order 1 · 28 Jan 2025 · CNR MHMM190033672019
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 -- 1 of 2 -- 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. -- 2 of 2 --