(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India as well as Section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 10.10.2012 passed by the Additional Chief Judicial Magistrate in Criminal Case No.4293 of 2011, whereby the prosecution witness Hitesh Bhalchandra Raval has been declared to be hostile witness at the request of Assistant Public Prosecutor.
(2.) FACTS which are relevant for the purpose of this petition are enumerated as under:
(3.) HEARD Mr. Umesh A. Trivedi, learned advocate for the petitioner and Ms. Moxa Thakkar, learned APP for the State and as observed by this Court in the order dated 27.11.2012 passed in Criminal Misc. Application No.16077 of 2012, Mr. T.K. Patel, learned advocate was heard on behalf of the original complainant.