DEEPAK KANHAIYALAL SARVAIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Section 482 of the Code of criminal Procedure, the petitioner seeks the relief of quashing the order dated 25-02-2002 passed below Ex. 71 by the learned 3rd additional Sessions Judge, Akola, in Sessions trial No. 8/2002, whereby the application filed by the prosecution for recalling the witnesses nalini (P. W. 3) and Investigating Officer phundkar (P. W. 13) examined by the prosecution, was allowed.

(2.) Brief facts are as under : the petitioner/accused is facing trial for the offences punishable under Sections 328, 307, 302 and 392 of Indian Penal Code before the learned Sessions Judge. The evidence of nalini (P. W. 3) was recorded on 19-06-2001 and the evidence of P. S. I. Phundkar was recorded on 04-07-2001. The prosecution has closed its case by filing pursis dated 25-10-2001. The statement of accused under Section 313 of the Code of Criminal Procedure was recorded on 28-12-2001. Arguments were heard between 04-01-2002 to 08-01-2002. Thereafter the prosecution had filed an application under Section 311 of the Code of criminal Procedure on 11-01-2002 vide Ex. 71, which was allowed and the aforesaid two witnesses have been recalled for their further re-examination.

(3.) Mr. MARDIKAR, learned counsel, for the petitioner contended that Nalini (P. W. 3) had clearly stated in her examination-in-chief which was recorded on 19-06-2001 as under: