NILESH HANSRAJBHAI AJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who is the brother of the deceased, is challenging the order below Exh.66 dtd. 21/6/2018 passed in Sessions Case no.2 of 2014, where it is stated that the respondent no.2 to 6 - original accused came to be discharged for the offence alleged against them under Ss. 306 , 498A , 323 , 504 and 114 of the IPC and Ss. 3 and 6 of the Dowry Prohibition Act.

(2.) Mr. Shaikh, learned advocate for the petitioner submits that the respondents - accused were before this Court in Criminal Revision Application no.642 of 2016 aggrieved by the order below Exh.16, whereby the learned Trial Court Judge had rejected the application for discharge. Advocate Mr. Shaikh submits that in Criminal Revision Application no.642/16 by an order dtd. 17/4/2018, while the application stood disposed of as withdrawn, a liberty was prayed for hearing the accused under Sec. 226 of the Cr.P.C. while opening the case of the prosecution. Mr. Shaikh submits that accordingly, a liberty prayed was granted and the accused was permitted the audience at the time of opening of the case in accordance to the provisions of Sec. 226 of the Cr.P.C., while the said order had not granted any liberty to the accused to again move for discharge application. Inspite of that, it is stated by Mr. Shaikh that the application below Exh.66 was moved and the learned Additional Sessions Judge, Rajkot at Dhoraji was pleased to allow Exh.66 and ordered discharge from the charges leveled against them in Sessions Case no.2 of 2014.

(3.) Advocate Mr. Buch, while affirming the liberty granted under Sec. 226 of the Cr.P.C. for hearing of the accused at the time of opening of the case of the prosecution, conceded that the order below Exh.66 was uncalled for and would not be consistent to the observation made in the order dtd. 17/4/2018 passed in Criminal Revision Application no.642/16.