IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1622 OF 2019 Sanjay Kisan Shelar & Anr. .... Petitioners versus The State of Maharashtra .... Respondents …....

• Mr. K. M. Tripathi, Advocate for Petitioners.

• Mr. Arfan Sait, APP for the State/Respondent.

CORAM : SARANG V. KOTWAL, J.

DATE : 23rd OCTOBER, 2023 P.C. :

1. The Petitioners are the original accused Nos.1 and 2 in CC No.878/PW/2008 before the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai. The matter is at the stage of final arguments. At this stage, the Applicants had preferred an application below Ex.35 for recalling of two witnesses for cross-examination. That application was rejected and therefore this Petition is filed challenging that particular Digitally signed by MANUSHREE M NEA SN AU RS IH KAR REEN DaE tS eA :RIKAR order.

2023.10.25 +0530 Nesarikar

2. The prosecution case is that on 26/03/2007 on prior information the police party arranged to conduct a raid at Goregaon (E), Mumbai. Two accused came there and they were caught on the spot. It is the prosecution case that firearms and cartridges were recovered from them. On this basis, the FIR was