IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No 7466 of 2002 -------------------------------------------------------------- MOHMMADAKIL MOHMMADYAKUB ANSARI Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Criminal Misc.Application No. 7466 of 2002 MR RAJESH M AGRAWAL for Petitioner No. 1 MR ARUN D OZA PUBLIC PROSECUTOR for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE D.H.WAGHELA Date of Order: 20/11/2002 ORAL ORDER
Learned Public Prosecutor Mr.Arun D. Oza,
appearing for the State, sought time in order to place on
record the facts about which instructions are being
received and accordingly file an affidavit of the
investigating officer concerned. Learned counsel
Mr.Agrawal submitted that, according to his instructions,
the building in which the offences alleged against the
petitioner were alleged to have been committed is
presently in the exclusive possession of the landlord and
the statement of the learned Public Prosecutor that the
same building was being used for the same purpose was not
correct. He, however, stated that the petitioner was not
in a position to make an affidavit to state such facts on
oath. It would, however, be advisable for the learned
Public Prosecutor to give a copy of the affidavit
proposed to be filed in advance to Mr.Agrawal so as to
facilitate his reply thereto. S.O. to 04th December,
2002 at 03.30 p.m. as suggested by the learned counsel.
Sd/-
( D.H.Waghela,J.)
(KMG Thilake)