Gujarat High Court Case Information System
Print
CR.RA/53820/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 538 of
2008
=========================================================
RUKSHANA
YAKUB CHHIPA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MM TIRMIZI for Applicant(s) : 1,
MR HL JANI,
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 01/09/2008
ORAL ORDER
1. RULE.
Mr HL Jani, learned Additional Public Prosecutor waives service of
Rule on behalf of the State. In the facts and circumstances of the
case and by consent of both the sides, this matter is taken up for
hearing today.
2. This
revision application is preferred under Section 397 of the Code of
Criminal Procedure and directed against the judgment and order passed
by the learned Sessions Judge, Bharuch dated 05.07.2008 in Sessions
Case No.66 of 2007 below Exhs.86 and 87 by which the learned Judge
has rejected the application preferred by the present petitioner
under Section 311 of the Code of Criminal Procedure.
3. Mr
MM Tirmizi, learned advocate for the petitioner placed reliance on
the judgment rendered by the Apex Court reported in 2008 SCCL.COM 926
and submitted that in view of the ratio laid down by the Apex Court
if the necessary direction is given to the learned Sessions Judge to
consider the application afresh under Section 311 of the Code of
Criminal Procedure, then, the same would meet the ends of justice.
4. In
view of the aforesaid discussion and considering the judgment cited
by the learned advocate for the petitioner and reported in 2008
SCCL.COM 926, this revision application requires to be allowed on a
short ground to consider the application afresh under Section 311 of
the Code of Criminal Procedure. The order dated 05.07.2008 passed by
the learned Sessions Judge below Exhs.86 and 87 in Sessions Case
No.66 of 2007 is hereby quashed and set aside. In view of the above,
the learned Sessions Judge is directed to consider the application,
if preferred by the petitioner under Section 311 of the Code of
Criminal Procedure afresh in light of the observations made by the
Apex Court in the judgment reported in 2008 SCCL.COM 926.
5. For
the foregoing discussion, this revision application is allowed.
6. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[H.B.
Antani, J.]
mrpandya*
Top