BHUPEDRA YESHU KARADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Teni, learned counsel for the applicants and Shri Jaiswal, learned Additional Public Prosecutor for the respondent/State. Admit. Heard finally by consent of the learned counsel for the petitioners and learned Additional Public Prosecutor for the respondents. Petitioners feel aggrieved by the order dated 6th February 2013 passed by the Judicial Magistrate First Class in Regular Criminal Case No. 4502 of 2008. Learned Magistrate had rejected the prayer of the applicant who is one of the accused to recall prosecution witnesses No. 1 and 4.

(2.) It is submitted before me that dispute has been resolved between the parties and they want to put an end to the dispute. It is submitted by Shri Teni learned counsel for the petitioners that P.W. Nos. 1 and 4 are relatives of the complainant. Complainant who had filed complaint under Section 498-A read with Section 34 of the Criminal Procedure Code is dead. It is submitted by Shri Teni learned counsel for the petitioners that these two witnesses are necessary to be cross examined only to bring on record that the dispute no more exists and the parties are willing to put an end to the proceedings pending in the Court. Learned trial Court however felt that it was not the sufficient ground for recalling the witness.

(3.) In view of the fact that dispute has been resolved between the parties, the learned Magistrate could have granted permission for further cross examination of P.W. Nos. 1 and 4 so that the Magistrate is also satisfied that the dispute has been amicably resolved without any coercion and promise. In the circumstances I pass the following order: Petition is allowed. Learned trial Court is directed to recall P.W. 1 and 4 and to allow the applicants and other accused to cross examine P.W. 1 and 4. Petition accordingly stands disposed of.