BABUBHAI BHIMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This special leave petition arises out of an order dated 11th December, 2008 passed by the High Court of Gujarat at Ahmedabad whereby Special Criminal Application No.638 of 2008 filed by the petitioner-Babubhai Bhimabhai Bokhiria has been dismissed and order dated 29th March, 2008 passed by the Additional Sessions Judge, Porbandar affirmed. The Additional Sessions Judge, Porbandar had by the said order summoned the petitioner as an accused person in exercise of his power under Section 319 of the Cr.P.C. in Sessions Case No.5 of 2007 for offences punishable under Sections 302, 201 read with Sections 34, 120-B, 465, 468 and 471 of the Indian Penal Code, Section 25 of the Arms Act and Section 135 of the Bombay Police Act.

(2.) The incident that provides the genesis of the case aforementioned took place on 16th November, 2005 in which one Mulubhai Modhwadiya was gunned down resulting in registration of Criminal Case No.I 170 of 2005 at Kamlabaug Police Station, Porbandar for the offences mentioned earlier. Upon completion of the investigation, the jurisdictional police filed a charge-sheet on 15th February, 2006 before a Magistrate who committed the same to the Sessions Court to be registered as Case No.5 of 2007.

(3.) The police charge-sheet cited a large number of witnesses out of whom as many as 134 have been examined by the prosecution. It was, at this stage, that an application was filed by the son of the deceased on 17th March, 2008 in which the applicant prayed for adding the petitioner- Babubhai Bhimabhai Bokhiria as an accused in exercise of the Courts power under Section 319 of the Cr.P.C. The Sessions Judge allowed the said application and added the said Shri Babubhai Bhimabhai Bokhiria as a co-accused in the case vide order dated 29th March, 2008. Aggrieved by his addition as an accused the petitioner preferred Special Criminal Application No.638 of 2008 before the High Court of Gujarat which, as noticed earlier, has been dismissed by the High Court in terms of the order impugned in this special leave petition.