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 NE A S N A U R S I H KA R R EEN Da E t S e A : 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 lodged and the investigation was carried out. The trial proceeded.

3. Learned counsel for the Petitioners submitted that the prosecution examined five witnesses. The Applicants wanted to recall P.W.3 N