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SCR.A/2257/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2257 of 2010
=========================================
BASIRBHAI
SULEMANBHAI SAMA - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================
Appearance :
MR
ASHISH M DAGLI for
Petitioner(s) : 1,
MR MR MENGDEY, APP for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) : 2,
MRPRATIKYJASANI for
Respondent(s) : 3 - 5.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/12/2010
ORAL
ORDER
1. As
such by way of this petition under Article 227 of the Constitution
read with Section 482 of the Code of Criminal Procedure, the
petitioner-original complainant has prayed for an appropriate writ,
order or direction quashing and setting aside the order passed by the
learned trial Court below Exhs. 81 & 86 dated 15/10/2010 and
19/10/2010 respectively in Sessions Case No. 151/2008. It appears
that after the impugned orders were passed one witness was examined
by the defense and thereafter they have submitted the closing purshis
to close their evidence vide application dated 23/11/2010. However,
it appears that, before that, the defense had produced two documents
alongwith the list of documents submitting an application dated
16/11/2010, which was permitted to be taken on record by the learned
trial Court and they are given exhibit numbers also, and, therefore,
it is the case on behalf of the petitioner that as such the
petitioner should be given an opportunity to lead the evidence in
those documents and/or to controvert the same, if required.
2. Under
the circumstances, the present petition is disposed of reserving the
liberty in favour of the petitioner to submit an appropriate
application before the concerned Court to reopen their right to lead
the evidence only qua the documents, which are produced alongwith the
list while submitting the application dated 16/11/2010 and the
learned trial Court is directed to consider the same giving an
opportunity to the petitioner-original complainant to meet with those
documents and permit the petitioner-original complainant to lead the
evidence on the aforesaid documents. However, the aforesaid exercise
shall be complied with at the earliest but not later than four weeks
from the date of receipt of the present order.
3. With
this, the present petition is disposed of.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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