STATE OF MAHARASHTRA Vs. ANAND NAMDEO PATIL

JUDGEMENT

(1.) THIS criminal revision application is filed by the State, being aggrieved by the order dated 26th November, 1992 passed by the Metropolitan Magistrate, 28th Court, Esplanade, Bombay, rejecting the application dated 29th October, 1992 made by the Prosecutor under section 311 of the Code of Criminal Procedure, 1973 to recall prosecution witness No. 1 Smt. Jyoti Patil, whose deposition was over.

(2.) IN this case, the accused/respondents are facing trial for offence punishable under section 498-A of the Indian Penal Code.

(3.) I have heard Mr. Galeria, A. P. P appearing for the applicant-State, so also Mr. M. S. Mohite, appearing for the respondents. I have also perused the proceedings. It is revealed that after the trial commenced, prosecution witness No. 1 Smt. Jyoti Patil was examined. Her cross-examination and re-examination also was over. Prosecution specifically stated that they had nothing to ask, and the witness was discharged. Thereafter, on 29th October, 1992, the Prosecutor Mr. Sonawane made application under section 311 of Code of Criminal Procedure, 1973 to recall prosecution witness No. 1 Jyoti, which came to be rejected by the Metropolitan Magistrate.