RAMESHBHAI CHANDUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocate Mr. Pravin Gondaliya waives service of notice of rule for respondent Nos. 2 and 3. Learned APP Mr. Manan Mehta waives service of notice of rule for respondent - State.

(2.) Heard learned advocate Mr. Anvesh V. Vyas for the petitioner, learned advocate Mr. Pravin Gondaliya for respondent Nos.2 and 3 and learned APP Mr. Manan Mehta for respondent No.1. Perused the record.

(3.) The petitioner herein is original complainant whereas respondent Nos. 2 and 3 are original accused, who are facing charges under Section 302 and 214 as well as 114 of the Indian penal Code read with Section 3(2)(5) of the Atrocities Act, pursuant to Waghodiya Police Station I - C.R. No. 93 of 2013. After investigation, the investigating agency has submitted a charge sheet and thereby accused are being tried in Atrocity Case No. 37 of 2013 for the above offences. Pending trial, one of the witnesses namely Rameshbhai Chandubhai Vasava being original complainant has filed an application at exhibit 87 under Section 311 of the Code of Criminal Procedure for recalling officers of the Airtel and Uninor, who were already examined on record to prove the call details of the SIM Card being used during commission of offence by the accused. When such application was allowed, by an order dated 13.04.2016, the Sessions Judge has ordered that application is partly allowed and, thereby summons was ordered to be issued to call upon the concerned person from the Telenor/Uninor company for adducing evidence, so far as Mobile No.7383959770 and 9998573371 are concerned. Pursuant to such summons, witnesses were examined. However, it has been noted that mobile number disclosed in the order is incorrect and, therefore, petitioner - complainant has filed one another application at exhibit 98 for correcting the mobile number in order below exhibit 87 and thereby at the end of the application in para 3, correct mobile number is now disclosed i.e. 9998664711 so also 9909347117. While dealing with such application the Sessions Court has allowed it by an order dated 16.05.2016. It was allowed for correcting information of one mobile number from 9998573371 to 9909347177 and that in order below exhibit 87 in para 3 there is a reference of both the service providers, now it has been restricted to one service provider only.