JIGNESHKUMAR LAXMANBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has prayed following substantial relief:

(2.) The facts giving rise to the present petition are as under: The petitioner is facing sessions trial at Gandhinagar for the offence punishable under Sections 498A, 306 & 114 of the Indian Penal Code. In the Sessions Case No.8 of 2015, after recording the evidence of most of the witnesses, the matter was fixed for evidence of Investigating Officer. The Chief Examination of the testimony of the Investigating Officer of the witnesses L.B.Monpara (P.W.16) had been recorded by the learned trial Court. On 29.06.2019, after completion of the Chief Examination of the witnesses L.B.Monpara (P.W.16), the matter was on cross-examination. On 29.06.2019, the proxy advocate of the defence counsel sought time for further cross-examination by submitting application at Ex.107 on the ground that the senior advocate has gone to U.S. The learned Sessions Court, after hearing the proxy advocate, dismissed the application vide its order dated 29.06.2019 observing that the Investigating Officer is not available for three months and he has to leave for Canada, and therefore, reason for adjournment is not proper and accordingly, the right has been closed for cross-examination.

(3.) Being aggrieved with the impugned order, this application is filed by the petitioner.