916-APL-1735-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1735 OF 2026 Vadivel Annamalai Devendra …Applicant Versus The State of Maharashtra & Anr. …Respondents Mr. Mohd. Munerul Shaikh, for the Applicant. Mr. S. V. Walve, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 29th SEPTEMBER 2026 P. C.: 1. Heard Mr. Shaikh, learned Counsel appearing for the Applicant and Mr. Walve, learned APP appearing for the Respondent-State. 2. By this Criminal Application, the challenge is to the legality and validity of the order dated 6th August 2026 passed by the learned Judicial Magistrate, First Class, 56th Court, Mazgaon, Mumbai, below Exhibit-35 in C.C. No.3559/SC/2022. By the impugned order, said application bearing Exhibit-35 filed by the Applicant i.e. original accused to recall witness No.1 of the Complainant i.e. C.W.1 was rejected. Page 1 Sonali 916-APL-1735-2026.DOC 3. It is the submission of learned Counsel appearing for the Applicant that the Applicant received certain information after the conclusion of the cross-examination and therefore, the application is filed. In the application, it is stated that the Applicant has recently retrieved the original Registration Certificate of the vehicle which stands in the name of the Applicant and certain correspondence regarding the physical seizure and registration status of the said taxi. It is further submitted that these facts were suppressed by the Complainant in the main complaint as well as in the examination in chief. The said application has been filed at the stage of recording the statement of the Applicant under Section 313 of the Code of Criminal Procedure, 1973. 4. Perusal of the record shows that the affidavit of evidence has been filed on 15th November 2022. P.W. 1 has been extensively cross-examined on 23rd December 2025 and thereafter, further cross-examination was conducted on 18th February 2026 and the cross-examination was completed. The present application has been filed on 25th May 2026. The contention that the Applicant has recently retrieved the original Registration Certificate of the vehicle Page 2 Sonali 916-APL-1735-2026.DOC is of no relevance as the Registration Certificate is publicly available online. 5. In any case, the learned Trial Court has specifically recorded that there is no specific date has been mentioned in the application as to when the accused came in possession of the said document. There is nothing on record to indicate that the said Registration Certificate has been retrieved by the present Applicant on any particular date. 6. Accordingly, in the facts and circumstances, no case is made out for interference in the impugned order. 7. The Writ Petition is dismissed. [MADHAV J. JAMDAR, J.] Page 3 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.30 10:47:22 +0530