ASHOKBHAI BHURJIBHAI MORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 351 of the Code of Criminal Procedure, 1973 against the order of conviction dtd. 27/3/2024 rendered by learned 9th Additional Sessions Judge, Vadodara in Sessions Case No.165 of 2020.

(2.) The short facts giving rise to the present appeal are that at present, the appellant is serving as Police Inspector at Jawaharnagar Police Station, Vadodara. It is the case of the prosecution that on 20/3/2024, a notice below Exh.47 was issued to the Police Inspector, Jawaharnagar Police Station by the learned 9th Additional District and Sessions Judge, Vadodara in a sessions trial in Sessions Case No.165 of 2020 arising out of the FIR being CR I - No.223 of 1990 registered with Jawaharnagar Police Station, Vadodara for the offences punishable under Sec. 147, 148, 149, 307, 325, 324, 323, 427, 506 and 188 of the Indian Penal Code, 1860 and Sec. 135 of the G.P.Act to show cause as to why action may not be taken against the appellant under Sec. 349 of the Code of Criminal Procedure for not producing the muddamal in the said sessions trial.

(3.) In pursuance of the said notice, the appellant sent a report on 27/3/2024 to the learned trial Court stating that the appellant was engaged in upcoming general election duties with the BSF personnel and, therefore, he could not remain present.