RAJESHKUMAR BABULAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicantoriginal accused has filed the present Revision Application against order dated 15.04.2014 passed by learned Additional Sessions Judge, Court No.7, City Civil and Sessions Court, Ahmedabad, whereby the Court allowed application below Exh.196 filed by the prosecution under Section 311 of the Code of Criminal Procedure, 1973 for summoning of certain witnesses.

(2.) It appears that First Information Report being C. R. No. I 365 of 2008 came to be registered on 09.12.2008 before the Shahibaug Police Station against the applicant and another person for the alleged offence punishable under Sections 365 and 114 of the Indian Penal Code, 1860. The Investigating Agency after investigation, submitted chargesheet for the offence punishable under Sections 302, 307, 364B , 365, 342, 120B and 201, IPC. The charge came to be framed against the present applicant and other accused on 20.01.2012 at Exh.40. It was stated that while the applicant herein was released on bail, other accused being original accused No.1 is an undertrial prisoner.

(3.) In the proceedings of Sessions Case No. 262 of 2009 registered against the applicant, on 04.03.2014, the prosecution filed an application Exh.196 under Section 311, Cr.PC, praying that it wanted to examine certain witnesses. Seven persons were named as witnesses whom the prosecution wanted to call for examination. It was the case of the prosecution that those witnesses were not mentioned in the chargesheet, but they were necessary to be examined. At the time when said application was filed, 48 witnesses were examined.