(1.) Heard Ms. Sneha Pandey, learned counsel for the Applicant and Mr. N. B. Patil, learned APP for the State.
(2.) Leave to amend. The amendment shall be carried out forthwith. The amendment is sought to challenge the order directing to deposit the cost of Rs.5,000.00. The necessary amendment shall also be made in the memo of the application. Apart from this order to deposit cost of Rs.5,000.00 the Applicants have challenged the order dtd. 10/05/2023 passed by the learned Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in C.C.No.PW/339/2018.
(3.) The Applicants are the original accused and the case is at the stage of recording of defence witnesses. As of today, five defence witnesses are already examined. The Applicants had given a list of witnesses on 04/05/2023. The Applicants want to examine Vimal Kadahi and Suman Mane. They made an application on 10/05/2023 for permitting the defence to examine those defence witnesses. However, the learned Magistrate vide his impugned order dtd. 10/05/2023 rejected that application on the ground that the matter was time bound and the matter was to be decided on or before 09/06/2023. He also recorded that the defence had already examined five witnesses.