BHAGWATIPRASAD DOLATRAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) the said order he was pleased to reject application exh.201 filed by the present petitioner in Special Case No.15 of 1990.

(2.) Facts leading to the present petition are as follows : 2.1 The petitioner is the original accused no.1 in FIR dated 21.10.1988. One Prakash J. Raval is shown as accused no.2 in said FIR. Allegations against these accused are as follows :

(3.) Learned Counsel for the petitioner taking me through provisions contained in Sections 306 and 307 of the Code of Criminal Procedure contended that under sub-section(4) of Section 306, upon granting pardon to said Prakash Raval, he was required to be examined as a witness by the learned Magistrate. In the present case, same was not done. Such requirement is mandatory in nature. Such a witness thereafter, cannot be examined during the course of trial.