KAUSHIK PARSHOTTAMDAS PATEL Vs. PATEL VIJAY PARSHOTTAMBHAI

JUDGEMENT

(1.) By way of this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have prayed to quash and set aside the order dtd. 31/1/2023 passed by the learned 3rd Addl. C.J.M., Mehsana below Exhibit-182 in Criminal Case No. 6047 of 2006 and to direct the trial Court concerned to initiate cross-examination of respondent No.1.

(2.) The facts in brief are that on 19/11/2005 a complaint being I-C.R. No.432 of 2005 was registered against the petitioners, original accused, with Mehsana City Police Station under Sec. 406 , 420 , 465 , 467 , 468 , 471 , 474 , 34 and 114 of IPC. The said FIR, ultimately, culminated into Criminal Case No.6047 of 2006 and is pending trial.

(3.) Heard learned advocates on both the sides. It appears from the material on record that the examination in chief of respondent No.1 had concluded on 30/1/2023 but, on the next day, the advocate appearing for respondent no.1 with the prosecution filed application Exhibit-182 seeking further examination of respondent No.1. The trial Court appears to have allowed the said application since the examination in chief of respondent No.1, who is the original complainant in this case, had concluded on the earlier day evening only and on the very next day, the application Exhibit-182 was submitted seeking further examination of respondent No.1. The cross examination of respondent No.1 had not yet commenced.