Gujarat High Court Case Information System
Print
CR.RA/592/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 592 of 2010
======================================
JIGNESH
@ JIGO GANGARAM SONI - Applicant
Versus
STATE
OF GUJARAT - Respondent
======================================
Appearance :
MR
BHUNESH C RUPERA for the Applicant.
MR J.K.SHAH, APP for the
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/11/2010
ORAL
ORDER
1. The
present Criminal Revision Application has been preferred under
Section 397 read with 401 of the Code of Criminal Procedure by the
applicant – original accused against the inter locutary order
passed by the Trial Court below Exh-32 in Sessions Case No.84 of
2010, by which, the learned Trial Court has rejected the said
application submitted by the applicant to defer the cross-examination
of the Medical Officer till the evidence of the eye-witnesses is
over.
2. Learned
advocate appearing on behalf of the applicant has submitted that if
the cross-examination of Medical Officer is not deferred till the
evidence of the eye-witnesses are over, in that case, great prejudice
will be caused to the other eye-witnesses. The aforesaid contention
cannot be accepted as the evidence/deposition of other eye-witnesses
has nothing to do with deposition of medical officer. Eye-witnesses
are to give their depositions independently and it will never depend
upon the deposition of other witnesses.
3. In
view of the above and considering the provision of Section 231 of the
Code of Criminal Procedure, it appears that the Trial Court has not
committed any error in rejecting the application submitted by the
applicant to defer the cross-examination of the Medical Officer till
the evidence of the eye-witnesses are over by observing that if the
same is permitted, there is likelihood of delay in the proceedings.
4. In
view of the above, there is no substance in the present application,
which deserves to be dismissed and is accordingly dismissed.
[M.R.SHAH,J]
*dipti
Top