STATE OF GUJARAT Vs. NURMOHMMAD ISSA SANGHAR

JUDGEMENT

(1.) The State has preferred present Cri. Rev. Application under section 397 read with section 401 of CrPC challenging the order dated 03.06.2005 passed by ld. Addl. Sessions Judge, Kutch at Bhuj in Sessions Case No. 56/2002 whereby the ld. Addl. Sessions Judge rejected the application exh.126 preferred by the ld. Special Prosecutor appearing for the state in the aforesaid Sessions Case.

(2.) The respondents are the original accused of the Sessions case No.56/2002 arising out of CR. No. i.17/1999 registered at Narayan Sarovar Police Station and they are facing charge for the offences punishable under sections 120-B, 121, 123, 124-A of Indian Penal Code, under section 25(1)(b) and 25(1)((A)(A)) of the Indian Arms Act, under section 13(2) and 14 of the Foreigners Act and under sections 3 & 6 of the Indian Passport (Entry into India) Rules, 1950.

(3.) When the trial was in progress and some witnesses; say one or two were to be examined by the prosecution, ld. Spl. Prosecutor submitted an application under section 126 of praying that muddamal article No.10 of Sessions Case No.85/1999 be allowed to be brought on record and be allowed to be relied upon by producing copy of the same in the trial. After hearing the parties and especially the ld. Spl. Prosecutor, the ld. Presiding Judge/ Addl. Sessions Judge, rejected the said application vide order under challenge.