RAJESHBHAI CHANDUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rajeshbhai Chandubhai and others, applicants-original accused have filed this Criminal Revision Application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code') challenging the order dated 19th December, 2000, passed by learned Sessions Judge, Bharuch in Sessions Case No. 130 of 1999. The petitioners have also challenged the order of learned Sessions Judge dated 19th October, 2000, passed below Exh. 37 deposition of Maheshbhai Natvarbhai, order dated 9th November, 2000, passed below Exh. 38 - deposition of Gautam Shanabhai Vasai and order dated 9th November, 2000, passed below Exh. 39 - deposition of Manojbhai Ravjibhai Patel also. So in all, the petitioners have challenged the aforesaid four orders of the learned Sessions Judge, Bharuch. The learned Judge by the said orders was pleased to reject the application filed by the accused at Exh. 55 filed under Sec. 311 of the Cr. P. C. for recalling the three prosecution witnesses for contradicting them with their respective police statements and prove the same and to grant permission for cross-examination in connection with those and other related facts.

(2.) The facts giving rise to this application are as under :

(3.) When the matter reached herein on 10th January, 2000, this Court issued Rule after hearing the learned Advocate for the petitioners as well as learned A.P.P. Shri A. J. Desai. Thereafter, matter reached for final hearing before this Court. Shri V. H. Thakore, learned Advocate appeared on behalf of the applicants-original accused and Shri A. J. Desai, learned A.P.P., appeared on behalf of the State.