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SCR.A/1663/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1663 of 2010
=========================================================
VAGHARI
KANVARBHAI TALSIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRATIK B BAROT for
Applicant(s) : 1,
MS CHETANA SHAH ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/10/2010
ORAL
ORDER
Petitioner
is original accused. He challenges the order dated 3rd
August 2010 passed by the learned Sessions Judge, Patan below
applications Exh.67 and 68, both were given by the present
petitioner.
On
3rd September 2010, learned counsel for the petitioner had
stated that he does not press the petition in so far as the impugned
order pertains to rejection of the application Exh.67 but for limited
purpose of examining legality of the order of rejection of
application Exh.68, notice was issued.
I
have heard learned counsel for the petitioner and learned APP for the
State.
Counsel
for the petitioner submitted that the prosecutrix had given an
application to the Police Sub-Inspector dated 31.05.2008 which is
exhibited by the Court. She had admitted her signature on the said
document. In the document, she had made certain disclosure about
which the defence would have to ask her certain questions. However,
during the cross examination, such questions were not put to her.
Petitioner has, therefore, moved application Exh.68 for recalling the
witness under Section 311 of the Code of Criminal Procedure. However,
such application was rejected by the learned Judge by the impugned
order.
Considering
the above situation and the contents of the said application dated
31.05.2008, I am of the opinion that this is a case in which power of
recalling of the witnesses under Section 311 of Cr.P.C needs to be
exercised.
In
the result, the impugned order dated 3rd August 2010
passed below Exh.68 is set aside to the limited extent of rejection
of the application Exh.68. Consequently, application Exh.68 stands
allowed. Witnesses be recalled. Necessary summons be issued by the
trial court.
Petition
is disposed of in above terms.
Direct
service is permitted.
(
AKIL KURESHI, J. )
kailash
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