Gujarat High Court Case Information System
Print
SCR.A/419/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 419 of 2011
=========================================================
DESINGBHAI
DALVABHAI RATHWA & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MP SHAH for
Applicant(s) : 1 - 5. MS.
KRUTI M SHAH for Applicant(s) : 1 - 5.
Mr.L.R.Pujari, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 16/03/2011
ORAL
ORDER
This
petition is filed for quashing and setting aside the order dated
14-2-2011 passed by the learned Addl. Sessions Judge and Presiding
Officer, Fast Track Court No.3, Vadodara, below application Ex.147
in Sessions Case No.63 of 2009 whereby the request to postpone the
arguments of prosecution side was rejected.
Heard
learned advocate, Ms.Kruti Shah for the petitioners and learned APP,
Mr.L.R.Pujari for the State.
It
appears that after filing closing pursis by the prosecution on
29-1-2011, the court permitted recalling of Dr.Rahulbhai Chande, who
performed postmortem and said Medical Officer was to be cross
examined by the advocate of the accused on 4-2-2011. On that day, an
application was submitted on behalf of accused No.10 praying for
exemption for a day wherein an order of issuance of Non-bailable
warrant was passed and further directed to proceed with the trial in
absence of accused No.10. Thereafter, an application at Ex.147 was
filed on 14-2-2011 on behalf of the accused praying to postpone the
hearing till the non-bailable warrant is served upon accused No.10.
However, said application was rejected. Thereafter, in pursuance of
filing of another application at Ex.148 on the same day, while
granting the application conditionally, it was ordered by the Court
that hearing of arguments will be made on 1-3-2011.
On
going through the impugned order passed by the trial court, it
appears to this Court that no illegality or irregularity has been
committed by the trial court while passing the order. Moreover, this
Court vide order dated 10-3-2011 passed in this petition directed
the court below to grant a week’s time to the petitioner. This
petition being devoid of merits is required to be dismissed and is
accordingly dismissed.
(M.D.SHAH,J.)
radhan
Top