MAHADEV RANGNATH SHENDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. RULE made returnable forthwith. By consent of the learned counsel appearing for the parties, this application is heard finally at the stage of admission.

(2.) By the present application, the applicants have approached this Court praying to recall the order dated 10th November, 2009, by which the application filed by the applicants, to recall P.W.11 Shakuntala Laxmanrao Parekar, whose evidence is recorded in Sessions Case No.85/2008 by the Ad Hoc Additional Sessions Judge-2, Ambajogai, is rejected.

(3.) Considering the rival submissions, it is necessary to consider the scope of section 311 of the Criminal Procedure Code, which reads thus -