KAJOL SANJEEV BASANTANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. A. M. Saraogi, learned counsel for the Petitioner, Mr. Ashok Singh, learned counsel for Respondent No.2 and Mr. M. G. Patil, learned APP for the State.

(2.) The Petitioner has challenged the order dtd. 04/03/2023 passed by Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai, in C.C. No.1768/PW/2011, whereby the cross-examination of P.W.1 Vijaya Suryavanshi was closed. Ex.B of this application shows that when the examination-in-chief was concluded, the Advocate for the accused was absent and the Court was told that the Advocate would be available at 12.30 p.m. The matter was again called at 12.55 p.m., but learned counsel was not present and therefore the cross-examination was shown as completed.

(3.) Learned counsel Mr. Saraogi for the Petitioner submitted that the Advocate for the Petitioner was cross- examining a witness in the Court of Metropolitan Magistrate, Ballard Pier, in C.C.No.110/PW/2008 and after attending that matter, the Advocate rushed to the Court at Bandra. However, by that time, the order was passed that the cross-examination was completed.