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SCR.A/1706/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1706 of 2010
=========================================================
DILIPKUMAR
B UGREJIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Applicant(s) : 1,
MR KARTIK PANDYA ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/10/2010
ORAL
ORDER
Petitioner
is original accused. He is facing trial for offence under the
Prevention of Corruption Act. During the course of trial, petitioner
moved an application Exh.43 and prayed that following documents be
summoned under Section 91 of the Code of Criminal Procedure which are
necessary for effective cross examination of Mr.L.N.Jethva
complainant.
(1) Log-book
of the government vehicle in the office of the ACB, Nadiad for the
period between June and July 2008 and if there are more vehicles than
one, log-books of such vehicles.
(2) Diary
of Mr.L.N.Jethva of month of June.
(3) Station
diary of office of A.C.B., Nadiad of month of June.
Except
stating that above documents are necessary for effective cross
examination of the said witness, no other relevance or reasons are
stated in the said application.
By
impugned order dated 07.07.2010 the learned Additional District
Judge, Nadiad rejected said application observing inter alia that
direction for producing personal diary of Mr.Jethva cannot be
granted. No relevance is shown for production of log-books of the
government vehicles.
Having
heard learned advocates for the parties, I see no reason to interfere
with. Application of the petitioner contained no details why such
documents were relevant and required for the purpose of cross
examination. Petitioner is accused has not right to summon the
station diary. Further, relevance of the details of the log-books of
the government vehicles has nowhere been shown. Exact details of such
diary of Mr.Jethva as to why the petitioner requires, is also not
discernible in the application.
Such
application without any supporting contentions could not and rightly
not granted by the learned Judge.
The
petition is, therefore, dismissed.
(
AKIL KURESHI, J. )
kailash
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