BHUPENDRA MEGHAJIBHAI JAYSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present revision application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure is preferred by the applicant - original accused no. 1 being aggrieved by order dtd. 5/1/2018 passed by the learned Additional Sessions Judge, Morbi, District Rajkot below Exhibit-532 in Sessions Case No. 25 of 2001, whereby the application filed by the applicant to reopen the right to cross-examine the complainant was closed.

(2.) The brief fact culminating in filing of the present application is that on 25/9/2000, the complainant - Pravinchandra Vaghjibhai Luhana gave an information to Morbi Police Station against seven accused for the offences punishable under Ss. 323, 452, 420, 467, 477 and 114 of the Indian Penal Code. Pursuant to filing of the complaint, investigation took place and on completion of the same, charge sheet came to be filed against 8 accused persons for offences punishable under Ss. 395, 452, 327, 467, 477, 201, 120B and 34 of the Indian Penal Code. Thereafter, on 27/4/2006, learned Additional Sessions Judge, Morbi vide Exhibit-1 framed charge against all 8 accused persons. It is the case of the applicant that the evidence of the complainant was recorded below Exhibit-28 as PW-1. It is further case of the applicant in view of the fact that advocate appearing on behalf of the applicant did not remain present on several dates and therefore, right to cross-examine the complainant was closed on 25/9/2017.

(3.) Heard Mr. Yatin Soni, learned advocate appearing for the applicant and Mr. Rohan Raval, learned Additional Public Prosecutor appearing for the State - respondent.