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2005 Supreme(MP) 230

U.C.MAHESHWARI
Nandlal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Ashok Lalwani for applicants; G.S. Ahluwalia for State.

ORDER

1. This revision petition under sections 397 read with section 401 of the Criminal Procedure Code ('The Code' in brief) is directed against the order dated 20th September, 2004, passed by III Additional Sessions Judge, Chhindwara, in Sessions Trial No. 237/96, whereby the expenses for recalling of witness was directed to be deposited by applicants.

2. Brief facts which are necessary for disposal of this revision petition are like that, the trial u/Ss. 302, 376(2) (g) and 201 read with section 34 of Indian Penal Code (for short 'IPC') was pending and in its earlier stage one prosecution witness, regarding expert report of DNA test, Doctor G.V. Rao (PW 58) was examined, cross-examined and discharged but some of the documents in regard to said report were not submitted either by prosecution or by this witness at earlier stage of examination. Then an application u/s 91 of the Code was submitted by the applicants for calling all those documents, same was dismissed by the trial Court after which revision before this Court was preferred in which the order was set aside and remitted back to trial Court for deciding afresh, which again dismissed, the same, the applicants again filed Cri





























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