KAUNTEY SHIVKUMAR SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision application is directed against the order passed below Exhibit 97 in Sessions Case No. 198 of 2008 dated 23.6.2011 by the learned Additional Sessions Judge, Court No. 12, Ahmedabad City.

(2.) The applicant is original complainant of C.R. No. 356 of 2008 lodged before Bapunagar Police Station on 17.11.2002 and in connection of the said CR, the trial of the Sessions Case No. 198 of 2008 is going on and almost all the witnesses have been examined including the Investing Officer Z.S.Pathan, who was examined at Exhibit 90 as P.W.12. The said Investigating Officer gave an application under Section 311 of the Code of Criminal Procedure to recall him to record deposition regarding cross case which is pending before the lower Court. The said application was heard at length and on 26.6.2011, the same was rejected by the lower Court.

(3.) Learned advocate Mrs. Dutta for the applicant submitted that due to oversight and due to fault on the part of the prosecution, the copy of the other complaint i.e. CR. II No. 3124 of 2002 registered with Bapunagar Police Station, which is cross-complaint, was not produced and reference of the said cross-complaint was not made by the Investigating Officer in his deposition. Therefore, the said application below Exhibit .97 for recalling to record the deposition was preferred by the Investigating Officer. She therefore, prayed to allow the Revision Application.