VALIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. V. M. Pancholi, Ld. APP waives service of rule on behalf of opponents.

(2.) This application is filed under Section 482 of the Code of Criminal Procedure thereinafter referred to as the Cr. P.C.] to invoke inherent powers of this Court to quash and set aside order passed by the learned Add1. Sessions Judge, Fast Track Court No. 2, Vadodara in Criminal Revision Application No. 151 of 2002 dated 16th September, 2005, whereby the learned Judge confirmed the order passed by the Ld. Chief Judicial Magistrate dated 16th August, 2002 below Exh. 5 in Criminal Case No. 1036 of 1999. By the said orders the Courts below have rejected the application submitted by the present applicants for further investigation under Section 173 (8) of the Cr. P.C.

(3.) I have perused the record of this application and in particular the orders of the Courts below and also the letter dated 24th December, 1998. I have also heard Miss Pandey, learned advocate appearing for Mr. B S Patel for the applicants and Mr. V.M. Pancholi, Ld. APP for the opponents. Miss Pandey has submitted that the Courts below have committed error by not ordering investigation because the material pointed out by Mr. Dilipsinh is of importance and it is very necessary for the Trial Court to have it on record to give just and proper decision in the case.