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CR.RA/129/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 129 of 2010
=========================================================
THAKORE
DASHRATHJI RAMSANGJI - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
RAJESH K SAVJANI for
Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) : 1,
MR
PRATIK BAROT for Respondent(s) : 2 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/02/2010
ORAL
ORDER
Rule.
Learned APP Mr. R.C. Kodekar
waives service of Rule for respondent No.1, State of Gujarat.
Learned advocate Mr. Pratik Barot for respondent Nos.2 to 6.
Learned
counsel for the petitioner submitted that despite the order dated
18.01.2010 in Criminal Revision Application No.7/2010, the learned
Judge has refused to recall witness Jamila @ Jayshree for further
questioning which was necessary since additional documents have been
brought on record.
I
have perused the application Exh.80 and the order passed thereon
dated 22.02.2010 which is under challenged in this petition.
Learned
counsel for the original accused, however, submitted that there is a
continuous attempt to delay the proceedings. All accused are in
jail.
Anxiety
of the original accused was noted in the previous order also wherein
it was provided that the learned advocates shall ensure that the
necessary further examination and oral submissions will be completed
as soon as possible, as may be fixed by the trial Court.
Considering
the controversy in question, application Exh.80 is granted.
Respondent No.1 through the PSI, Mehsana Taluka Police Station shall
ensure that said Jamila @ Jayshree shall remain present before the
trail Court on 6th
March 2010. If formal summons is necessary, the trial Court shall
issue the same. It is directed that on that very day, whatever
further examination is necessary of the said witness, shall be
completed by and on behalf of the State and accused. Thereafter
learned Judge may fix a date as early as possible for oral
submissions. Disposed of accordingly.
Learned
APP be supplied extra copy of this order. Direct service is
permitted.
(Akil
Kureshi, J.)
menon
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