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2021 Supreme(Bom) 1162

REVATI MOHITE DERE
Shonika @ Sonika Ramesh Salunkhe – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Ritesh Thobde, Advocate, Sooraj S Hulke, Advocate

JUDGMENT

Revati Mohite Dere, J. - Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned APP waives service on behalf of respondent-State.

3. By this petition, the petitioner has impugned the order dated 18th January 2020 passed below Exhibit 70 by the leaned Additional Sessions Judge, Solapur in Sessions Case No. 103/2018, by which, the learned Judge permitted the prosecution to examine four witnesses, after the arguments were defence had advanced their arguments.

4. Learned counsel for the petitioner submits that after the petitioner's advocate i.e. the defence advanced their arguments, the prosecutor realized that certain witnesses were not examined, pursuant to which, the prosecutor filed an application dated 15th July 2019 and sought examination of four witnesses. Learned counsel for the petitioner submits that the power under Section 311 of the Code of Criminal Procedure ('Cr.P.C') cannot be used to fill up the lacunae. He submits that the impugned order passed by the trial Court would seriously prejudice the accused, who had put forth his defence at the time of argument. Learn

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