(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
(2.) Respondents are accused facing prosecution under Sections 302, 120-B read with Section 34 of the Indian Penal Code and under Sections 3 and 25 of the Arms Act. The present Writ Petition has been filed by the State, as application Exh.312, filed by the State in the Sessions Case No.44/2011 before Additional Sessions Judge, Ahmednagar to recall P.W.14 Kisan Abaji Shelke was rejected by order dated 6.12.2013, The witness was examined by the prosecutor on 1.10.2013 and in the course of the evidence, the witness was declared hostile and was cross-examined by the State. On 1.10.2013, the crossexamination was deferred due to grant of application Exh.281.
(3.) Perused the petition as well as affidavit-in-reply filed by Atish Mohan Bhalsing, respondent No.12 for self and other respondents. Heard learned A.P.P. as well as counsel for respondent Nos.1, 2 and 5 to 14.