ASHOK GAJMAL PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally. The petitioner's application for recalling of a prosecution witness, as contemplated under Section 311 of the Code of Criminal Procedure, was turned down by the trial Court. It transpired that no proper and sufficient grounds were mentioned in the application made by the petitioner for recalling of the witness.

(2.) In the course of arguments, the learned counsel for the petitioner states that the petitioner is ready to make a fresh application for recalling the witness by giving details of the documents, which are required to be summoned and stating the relevancy and admissibility of the evidence sought to be adduced. The learned counsel submits that he only expects that such application, as is intended to be filed, should be considered by the trial Court afresh, on merits, and that, except this, he was not seeking any other relief in the present Petition.

(3.) The suggestion of the learned counsel is reasonable.