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MANISH PITALE
Mahesh Kumar Toshniwal – Appellant
Versus
Sai Ganesh Sealines – Respondent


Advocates Appeared:
Gaurish Agni, Advocate, Tanmai Gawas, Advocate, Balkrishna Sardessai, Advocate

JUDGMENT

1. By this Writ Petition, the petitioner (original accused) has challenged orders, passed by the Judicial Magistrate First Class, 'A' Court, Vasco (hereinafter referred to as the Magistrate) and the Additional Sessions Judge at Margao.

2. By the impugned order dtd. 17/11/2018, the Magistrate dismissed an Application (Exhibit-34), filed on behalf of the petitioner under Sec. 311 of the Cr.P.C., seeking to recall the complainant i.e. the respondent for further cross examination. The said Application was filed in the backdrop that on 27/3/2018, the Magistrate recorded that while the complainant and its Advocate were present in Court, further time was being sought on behalf of the accused i.e. the petitioner for cross examining the complainant. The request was rejected and the cross examination was closed. The petitioner contended in the said Application before the Magistrate that since there was a change in Advocates, further time was sought. It was contended that the Magistrate took a harsh view while passing the order closing the cross examination and in the interest of justice, opportunity ought to have been granted to the petitioner.

3. By order dtd. 17/11/2018, the Magist

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