VINODBHAI PURUSHOTTAM THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is original accused. He has challenged an order dated 4th March 2008 passed by the learned Additional Sessions Judge, Gandhinagar.

(2.) Against the petitioner, a criminal case was registered in which charge was framed on 19.2.07. The petitioner thereafter gave an application on 22.8.07 and contended, inter alia, that before framing charge, evidence of the witness should be recorded. This application Ex.45 came to be granted by the learned Magistrate by his order dated 30th August 2007 and the learned Magistrate ordered recording of pre-charge evidence. The matter was carried in revision before the Sessions Court, which, as noted above, allowed the revision application and set aside the order passed by the learned Magistrate on the ground that on the basis of report made by the police, it was open for the Magistrate to take cognizance and proceed to frame charge.

(3.) Learned advocate for the petitioner submitted that in the present case, since the proceedings arose out of a private complaint, the learned Magistrate was required to record pre-charge evidence before proceeding to frame charges.