RAJENDRASINH JAIDEVSINH DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of Rule is waived by ld. APP Mr. SS Patel for respondent No.1 State and service of Rule is waived by ld. counsel Mr.MJ Buddhbhatti for respondent No.2- original complainant.With consent, Rule is fixed forthwith.

(2.) Heard ld. counsel Mr. Tirmizi for ld. counsel Mr. Pritish Parikh for the petitioner. The Court is aware that the case is instituted on a police report and, therefore, the original complainant practically has no say. However, in the interest of justice, say of ld. counsel Mr. MJ Buddhbhatti for the respondent No.2 -original complainant is considered.

(3.) The petitioner has approached this Court invoking extra-ordinary jurisdiction of this Court under Sec.482 of CrPC as well as under Articles 226 & 227 of the Constitution of India. The grievance of the petitioner is that request of the ld. counsel appearing for the defence side made before the Presiding Judge to recall some of the witnesses for a limited purpose has been wrongly rejected and ld. Presiding Judge has failed in exercising the discretion in the larger interest of justice.