SAJIDBEG ASIFBEG MIRZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Original accused " petitioner herein is before this Court being aggrieved by order passed below Exh.86 in Sessions Case No.212 of 2000 by the learned Sessions Judge, Surat dated 27.09.2006. Exh.86 is an application given by the learned Public Prosecutor on 06.03.2006. It is prayed by the said application that the summons be issued on the person " Videographer for a channel who interviewed the present petitioner " accused in the hospital while he was taking treatment for the alleged injuries caused to him by the police.

(2.) The learned Sessions Judge has discussed this aspect in detail in paragraph Nos.6, 7, 8, 9 and 10 of his order.

(3.) Mr.Shakeel A.Qureshi, learned advocate for the petitioner submitted that the incident is that of the year 2000 and the application is filed in the year 2006. He submitted that the application is filed at a much belated stage when the Investigation Officer's deposition was in progress. He submitted that the learned Sessions Judge has failed to appreciate the proposition of law laid down by the Hon'ble the Apex Court in the case of STATE (NCT OF DELHI) VS. NAVJOT SANDHU ALIAS AFSAN GURU, reported in 2005 Supreme Court Cases (Cri) 1715. The learned advocate for the petitioner read paragraph No.176 of the judgment and submitted that the learned Judge has failed to appreciate the true and correct proposition of law laid down by the Hon'ble the Apex Court in the said paragraph. For ready perusal, paragraph No.176 is reproduced hereinbelow: