BHIKHALAL KALYANJI JETHAVA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present applicant is father of the deceased Shri Amit Jethwa, a lawyer and an RTI Activist who lost his son in an incident which took place in the year 2010.

(2.) Case of his alleged murder is being tried as CBI Sessions Cases No.1 of 2014, 2 of 2014 and 3 of 2014 at CBI Court, Mirzapur, Ahmedabad. The prosecution has examined 190 witnesses and 105 witnesses have turned hostile to the case of prosecution and therefore, the present applicant was before this Court by preferring Special Criminal Application No.2135 of 2017 seeking retrial, in exercise of powers under section 386 of the Criminal Procedure Code, 1973 and also on seeking invocation of jurisdiction under Article 226 of the Constitution of India.

(3.) This Court, vide its judgment and order dated 29/06/2017, after extensively hearing both the sides, allowed the petition and directed the CBI Court to proceed on day to day basis for the retrial. It would be apt to reproduce the final directions issued by this Court vide order dated 29/6/2017: