LAWS(GJH)-2013-4-397

MINAXIBEN ASHOKKUMAR SINGH Vs. STATE OF GUJARAT

Decided On April 26, 2013
Minaxiben Ashokkumar Singh Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD Mr. N.L. Ramnani for Mr. G.T. Dayani, learned Counsel for the petitioner, Mr. S.L.Vaishya, learned Counsel for respondent nos. 2 to 4, though served, no one appears for respondent no.5 and Ms. Moxa Thakkar, learned APP for respondent ­ State.

(2.) BY way of this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' fir the sake of brevity), the petitioner has challenged the order dated 28.2.2012 passed by Chief Judicial Magistrate, Ankleshwar in Criminal Case No. 1509 of 2008 whereby the Chief Judicial Magistrate, Ankleshwar was pleased to issue bailable warrant. The petitioner has also challenged the order dated 27.3.2012 passed by Chief Judicial Magistrate below Exh. 63. It appears from the record that Exh. 63 was an application filed by the petitioner for issuing warrant against the accused persons to secure their presence during the trial. The petitioner has also challenged the order passed below Exh. 64 dated 27.3.2012. It appears that by application of even date the petitioner filed an application with a prayer to close the evidence of the defence and the said application came to be dismissed.

(3.) IT is further made clear that any observation made in this order shall not affect the rights of all the parties before the Trial Court. It is also made clear that the averments made in the petition as well as in the affidavit filed before this Court were limited to the issue involved in this application only. Mr. Ramnani as well as Mr. Vaishya, learned Counsels appearing for the petitioner and respondent nos. 2, 3 and 4 assure this Court that the parties shall cooperate in the hearing. In the facts and circumstances of the case, while disposing of this petition, the Trial Court i.e. the Court of Chief Judicial Magistrate, Ankleshwar is hereby directed to expedite the trial of Criminal Case No. 1509 of 2008 and endeavour to complete the trial as expeditiously as possible but not later than 31.12.2013.