GIRISHBHAI MAGANLAL PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. L.B. Dabhi, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent -State of Gujarat.

(2.) BY this writ -application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused No. 4, seeks to invoke the inherent powers of this Court, calling in question the legality and validity of the order dated 24th October, 2013, passed by the Sessions Judge, Valsad, below Exh. 24, in Sessions Case No. 19 of 2011, by which the learned Sessions Judge rejected the discharge application filed by the applicant herein, under Section 227 of the Code of Criminal Procedure Code, 1973. The facts giving rise to this application may be summarized as under: - -

(3.) IT appears that although the first information report was registered of the offence punishable under Section 304A IPC, at a later stage, Section 304 of the IPC came to be added by way of a report filed by the Police Sub Inspector of the Valsad Rural Police Station in the Court of the learned Additional Chief Judicial Magistrate First Class. On conclusion of the investigation, the charge -sheet was filed for the offence punishable under Sections 304, 279, 304A read with Section 114 of the IPC and Sections 177, 184 and 164 of the Motor Vehicles Act.