VINOD DESAI Vs. MERVIN FERNANDES

JUDGEMENT

(1.) By this Writ Petition, the Petitioner seeks to quash and set aside the Order dtd. 3/1/2022, passed by the learned Judicial Magistrate First Class, Panaji, whereby an application under Sec. 311 of Cr.P.C. filed by the Petitioner, for recalling a witness for cross examination, was rejected.

(2.) In the impugned Order, the learned Judge having heard the application, has found that the application was vague and an afterthought considering the fact that the only reason set out in the application did not merit the order recalling of the witness. The learned Counsel for the Petitioner has today contended that the learned Judge has made a serious error in not permitting recall of the witness. He admits that there has been a change of Advocates and that the earlier Advocate for the Petitioner had allegedly not conducted the cross examination of the complainant in a proper manner.

(3.) During the hearing today, I had called upon the learned Counsel to point out the material particulars in the application which would justify recall of the witness and in this behalf, he has relied upon paragraphs 3, 4 and 13 of the application.