BHIKUBHAI ANAKBHAI BAYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner " original accused in Criminal Case No.127 of 2003 is before this Court being aggrieved by order passed by the learned Judicial Magistrate First Class, Kodinar ("JMFC", for short) below application Exh.26 dated 28.12.2006.

(2.) The facts of the case are that the petitioner " accused is alleged to have committed an offence under Section 409, 464, 465, 471 and 477-A of the Indian Penal Code, for which a complaint is registered at Kodinar Police Station being I-C.R.No.77 of 2002. The same was investigated and after investigation was over, charge sheet was filed. After filing of the charge sheet, the present petitioner " original accused appeared before the Court, at that time, he was supplied copies of the police papers. After following necessary procedure, on 02.07.2003, vide Exh.13, charge was framed against the present petitioner " accused. The statement of the accused was recorded wherein , he pleaded, 'not guilty' and opted for the trial, the case was proceeded.

(3.) It is after 3 years that an application under Section 239 of the Code of Criminal Procedure ("the Code", for short) Exh.23 application was filed, seeking discharge. It is after filing the said application " Exh.23 that the present application Exh.26 is filed. It is stated in this application that the documents mentioned therein are required in reference to the application Exh.23 so that the plea for discharge could be supported with the help of these documents.