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SCR.A/2003/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2003 of 2008
======================================
RAJENDRAKUMAR
RAMANLAL PATEL AND ANOTHER
Versus
STATE
OF GUJARAT
======================================
Appearance
:
MR VM PANCHOLI for Applicants.
MR BHARAT J JOSHI for Applicants.
MR RC KODEKAR, APP for
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 08/10/2008
ORAL
ORDER
1. Rule.
Learned APP appearing for the respondent waives service.
2. The
petitioners have approached this Court for quashing impugned order
below application Exh.100 in Sessions Case No.138 of 2003 pending
before Fast Track Court No.2, Ahmedabad (Rural), whereby the
application of the petitioners for production of previous statements
of the witness was rejected by a cryptic order of one word. The
petitioners are arraigned for offences punishable under Sections
498-A, 306 and 114 of the Indian Penal Code, and during oral evidence
of the original complainant, it was admitted that the witness had
made a statement in police station, which was recorded as a ?SJanvajog
entry??. Learned counsel for the petitioners applied for production
of that statement in order to contradict the witness but the request
was rejected by the impugned order.
3. It
was fairly conceded by learned APP that in view of express provisions
of Sections 162 and 207 of the Criminal Procedure Code, 1973 read
with Section 165 of the Indian Evidence Act 1872, the statements
recorded pursuant to aforesaid ?SJanvajog?? entry no.17 of 2003
were required to be produced before the Court. It was also submitted
that pursuant to present proceeding and order, the documents, as may
be available with police station concerned, shall be immediately
produced for expeditious conclusion of trial, which appears to have
been stayed at the stage of cross-examination of the main witness.
4. Therefore,
the petition is allowed and Rule is made absolute with the direction
that application Exh.100 filed in Sessions Case No.138 of 2003 shall
stand allowed, and the documents, as aforesaid, shall be produced at
the earliest before the trial Court for the purpose of expeditious
conclusion of trial. No costs. Direct service is permitted.
(D.H.Waghela,
J.)
*malek
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