DNYANESHWAR MURLIDHAR KAPILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Adv. Mr. N.S. Ghanekar for the petitioner, and learned APP Mr. D.V. Tele for the respondent.

(2.) Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, taken up for final hearing.

(3.) By the present petition filed under Article 227 of the Constitution of India, and also under Section 482 of the Code of Criminal Procedure, 1973, the petitioner (original accused no.3) prays that the order dated 7-9-2012, passed by the learned Additional Sessions Judge, Vaijapur, below Exhibit 103 in Sessions Case No. 35/2012, rejecting to recall the witness no.1, namely, Suresh Baburao Kolthe, and also rejecting the permission to further cross examine the said witness, be quashed and set aside.