Gujarat High Court Case Information System
Print
CR.MA/8402/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8402 of 2009
In
CRIMINAL
MISC.APPLICATION No. 8401 of 2009
In
CRIMINAL APPEAL No. 1287 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
JAGABHAI
BAVABHAI VAKATAR & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DEVANG VYAS, APP for Applicant(s) : 1,
None for Respondent(s) : 1
- 2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 24/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Ld.
APP Mr. Vyas has filed additional affidavit of Mr. G.P. Rathod, Under
Secretary, Legal Department, Sachivalaya, Gandhinagar, mentioning
therein the reason for not applying for certified copy in time i.e.,
for the period between 30/11/2005 and 20/6/2009. Para. 4 of the
additional affidavit reads as under :
4. I
state and submit that the explanation from one Mr. C.K. Soni,
concerned Asstt. Public Prosecutor, Surat, was sought for who
appeared in the matter and argued the matter on behalf of
prosecution.
Paras.
6 and 7 of the additional affidavit read as under :
6. I
state and submit that pursuant to this, the concerned Asstt. Public
Prosecutor, Surat, Mr. C.K. Soni was asked to clarify the situation
and he vide his communication dated 12/01/2010 forwarded affidavit
dated 11/01/2010 stating inter-alia that he has not informed the
Legal Department due to oversight.
[emphasis supplied].
7. I
state and submit that the serious note of the said explanation has
already been taken by the deponent and the deponent has already
proposed to Legal Department to initiate action against the concerned
Government Pleader, for showing such gross negligence in performing
his professional duty.
The
deponent of this additional affidavit has further stated in para. 9
as under :
9. I
state and submit that due to the mistake committed by the concerned
Asstt. Public Prosecutor, the Legal Department was not aware about
the outcome of the case and therefore no Appeal could be preferred on
time and now the
Legal Department has already
sought to initiate an appropriate proceedings against the erring Law
Officer.
[emphasis supplied].
The
deponent i.e. concerned Under Secretary, Legal Department shall place
on record the outcome of the proceedings initiated against the erring
Law Officer.
The
contents of the additional affidavit and the proposed action in the
matter are taken note of. Rule returnable on 15/03/2010.
[
RAVI R. TRIPATHI, J.]
[
J. C. UPADHYAYA, J. ]
*
Pansala.
Top