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CR.RA/23/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 23 of
2011
=========================================================
AMRISH
NARENDRABHAI PATEL - MEMBER OF JAN SANGHARSH MANCH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MUKUL SINHA for
Applicant(s) : 1,
MR JM PANCHAL, SP. PUBLIC PROSECUTOR, MR KJ
PANCHAL ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 20/01/2011
ORAL
ORDER
1. Learned Counsel for
the petitioner submitted that the petitioner was called as a witness
in Naroda Gam Case, at the instance of the S.I.T.. After his
examination-in-chief was recorded, during the course of his
cross-examination, at the hands of the advocate of the accused, a
demand for supply of an application, jointly supplied by the
petitioner and others, seeking further investigation, under
Section-173(8) of the Code of Criminal Procedure, in Naroda Patiya
Case, pursuant to post Godhra Riot, was made. Such request was
granted by the learned Sessions Judge. His, further,
cross-examination is deferred till 24.01.2011. He
submitted that there is no provision under the Code of Criminal
Procedure under which the Court could have given such a direction.
2. In addition, the
learned Counsel for S.I.T., appearing on advance copy, submitted that
contrary to what was orally contended by the learned Counsel for the
accused before the Court below, such an application cannot be treated
as a statement under Section-161 of the Code of Criminal Procedure.
Investigation is still going on, at that stage, accused cannot have
access to such a material.
3. Considering the
above submissions, issue NOTICE, making it returnable
on 27TH JANUARY, 2011.
Learned Special Public Prosecutor waives service of notice on behalf
of the respondent-State.
4. By
way of AD-INTERIM-RELIEF, the impugned direction
contained in the order dated 19.01.2011 shall stand
STAYED. Direct service is permitted.
(AKIL
KURESHI, J.)
Umesh/
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