DINESHBHAI HARISHBHAI SONKUSARE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is preferred under Section 397 and 401 of the Code of Criminal Procedure, 1973 by the accused of Sessions Case No. 263 of 2002 pending before Learned Principal Judge, City Sessions Court, Ahmedabad against an order passed by Learned Principal Judge, City Sessions Court, below exhibit-31 on 20th May, 2004, rejecting an application of present petitioners accused for issuing summons to their defence witnesses.

(2.) A chargesheet against present petitioners was submitted before the City Sessions Court, Ahmedabad by Amraiwadi Police Station for the offence punishable under section 498-A, 306 of I.P. Code and under section 4 & 5 Dowry Prohibition Act, 1961 in respect of death of Vaishali, wife of present petitioner no.1. Present petitioners pleaded not guilty to the charges framed by Trial Court. Thereafter, the trial was proceeded and prosecution examined as many as about 10 witnesses, produced documents and closed the evidence. The statements of petitioners under section 313 of the Code of Criminal procedure were recorded by Learned Principal Judge, City Sessions Court on 23rd April 2004 in which present petitioners stated that they wanted to enter into defence and examine witnesses. Thereafter present petitioners submitted application at exhibit-31 on 23rd April, 2004 requesting the Sessions Court to issue summons to four witnesses as mentioned in Exh. 31 and petitioner No.1 herein sought permission to examine himself on oath.

(3.) On the same day i.e. on 23-4-2004 learned City Sessions Judge granted the said application with short order as "granted" and directed to issue summons accordingly. While on 18th May, 2004 Learned Principal Judge, City Sessions Court passed further order below the application Ex. 31 that the order passed earlier i.e. on 23-4-2004 granting the application exhibit-31 stands recalled because a copy of the said application was not furnished by the defence to learned Public Prosecutor. It appears that, thereafter a copy of application exhiit-31 might have been served by defence to learned Public Prosecutor. Thereafter, Learned Principal Judge, City Sessions Court on 20th May, 2004 passed further order on the said application Ex. 31, permitting the accused no.1, Dineshbhai Harishbhai Sonukusare to examine himself on oath and directed to issue summons to the witness from Sharda High Secondary School, while rest of the application Ex.31 to examine other defence witnesses came to be rejected. This order is impugned in this revision application.