RAGHUBHAI NATHUBHAI KUMARKHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition under Art. 226 of the Constitution of India, the petitioners-original accused call in question the legality and validity of the order dtd. 2/3/2020 passed by learned 13th Additional Sessions Judge, Rajkot in Sessions Case No.177 of 2013 below Exh.236 in the cross-examination of PW.25.

(2.) With the consent of learned advocates appearing for the respective parties, the matter has been taken up for final disposal. The petitioners are facing sessions trial for the charges under Ss. 143 , 147 , 148 , 149 , 302 , 452 , 504 , 506(2) , 323 and 324 of the Indian Penal Code and Sec. 135 of Gujarat Police Act. During the course of recording evidence of PW.25, Exh.236, the defence had asked a question pertaining to police yadi along with the report Exh.241. The learned trial Court has refused to permit the defence counsel to ask the question to be asked to the witness. Aggrieved by the order of refusal, the present petitioners have come up before this Court to quash the impugned order.

(3.) Relying on the decision of Co-ordinate Bench of this Court in case of Prashant Maheshbhai Pandya & Ors. vs. State of Gujarat reported in 2016 (3) Crimes. 90, Mr. Ashish Dagli, learned advocate for the petitioners would submit that the learned trial Court has not properly followed the law laid down by this Court in the case of Prashant Maheshbhai Pandya (supra) and straightaway rejected the application and therefore, the learned trial Court has committed an error in disallowing the question referred to above.