VIKRAMSINH DOLATSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 227 of the Constitution of India, the applicants - original accused call in question the legality and validity of the order dated 19.09.2015 passed by the 8th Additional Sessions Judge, Surat, in the Criminal Revision Application No.131 of 2015, by which, the learned additional Sessions Judge rejected the Revision Application preferred by the applicants herein, thereby, affirming the order of the learned Judicial Magistrate First Class, Surat, dated 04.08.2015 passed below Exhibit: 159 in the Criminal Case No.7995 of 2011.

(2.) The facts of this case may be summarized as under : -

(3.) Mr. A.D. Shah, the learned Counsel appearing for the applicants herein submitted that the Courts below committed a serious error in passing the impugned orders. Mr. Shah submitted that although Shri Vyas, in his capacity, as the Deputy Collector, under the ULC Act, has been cited as one of the witnesses in the chargesheet, yet the prosecution cannot examine him in view of Section 121 of the Evidence Act. Mr. Shah submitted that as such Shri Vyas has no role to play. He is the Officer who is said to have passed the order on the basis of the alleged false documents said to have been produced by the applicants (accused persons). Mr. Shah submitted that the order, which was passed byShri Vyas, has already been exhibited. In such circumstances referred to above, Mr. Shahprays that the impugned orders be quashed and Exhibit: 159 be allowed.