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SCR.A/1526/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1526 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
NITIN
ANANTRAI KAMDAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 3.
MR RC KODEKAR ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR ZUBIN F BHARDA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/09/2008
ORAL
JUDGMENT
Present
Special Criminal Application under Article 227 of the Constitution
of India is filed by the petitioners ? original accused for
appropriate writ, order and/or direction, quashing and setting aside
the judgement and order dtd.25/7/2008 passed by the learned 3rd
Additional Senior Civil Judge and Judicial Magistrate, First Class,
Jamnagar below application Ex.55 in Criminal Case No.5414 of 2007.
In the alternate it is prayed to direct the court concerned to
complete the task of recording of evidence (Chief and Cross) through
commission of two witnesses named in Ex.55 on any fixed date or any
time bound schedule as deemed fit by this Court.
Today
when the matter is called out, Mr.Dagali, learned advocate appearing
on behalf of the petitioners has submitted that the petitioners are
not pressing for the present petition challenging the order
dtd.25/7/2008 passed by the learned 3rd Additional Senior
Civil Judge and Judicial Magistrate, First Class, Jamnagar below
application Ex.55 in Criminal Case No.5414 of 2007. However, he has
submitted that witnesses named in the application Ex.55 are not
interested in giving their evidence at the earliest and hence the
trial is delayed.
Mr.Zubin
Bharda, learned advocate appearing on behalf of the respondent No.2
namely Nandbalaben and Hiralal whose evidence is to be recorded by
appointing commission, will appear before the learned Chief Judicial
Magistrate, Porbandar for giving their deposition on 10/10/2008 and
the deposition may be recorded on that day.
Under
the aforesaid circumstances, the present Special Criminal
Application is disposed by directing that the aforesaid two
witnesses namely Nandbalaben and Hiralal may appear before the
learned Chief Judicial Magistrate, Porbandar on 10/10/2008 for
giving their deposition and the learned Chief Judicial Magistrate,
Porbandar to record the evidence/deposition of aforesaid two
witnesses as per the order dtd.25/7/2008 passed by the learned 3rd
Additional Senior Civil Judge and Judicial Magistrate, First Class,
Jamnagar below application Ex.55 in Criminal Case No.5414 of 2007.
With
these, the present Special Criminal Application is disposed of.
Direct Service Today is permitted.
[M.R.
SHAH, J.]
rafik
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