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2023 Supreme(Bom) 1772

BHARATI DANGRE
Nannebabu Ramdev Gupta – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Fahad Qureshi, Advocate, Shubham Upadhyay, Advocate, P.N. Dabholkar, Advocate

JUDGMENT/ORDER

1. The applicant is the original accused, who is facing charges in Case No.PW/30/2-22 before the Chief Metropolitan Magistrate, 23rd Esplanade Court, for the offences punishable u/s.354(c), 500, 504, 506 of the IPC.

2. On the trial being commenced, the complainant (PW 1) stepped into the witness box on 18/3/2023, and she was examined-in-chief by the Public Prosecutor. On her examination-in-chief being over, the applicant filed an application u/s.231(2) of Cr.P.C, seeking deferral of her Cross Examination, until examination in chief of other interested witness, is concluded.

The application marked as Exhibit-6, specifically pleaded as under :-

<WXY>"1 It is most respectfully submitted that in the above mentioned matter complainant and other witnesses are relatives to each other, hence they are all interested witnesses in the matter.

2 Since they are all interested witnesses, there is every likelihood of improvement in their statement that would be given before Hon'ble Court, and that would prejudice defense of accused person.

3 Hence, it is most respectfully prayed that Cross Examination of PW 1 may be deferred till Examination in Chief of other interested witnesses are

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