STATE OF GUJARAT Vs. PANDYA MOHANLAL UGRESHWAR

JUDGEMENT

(1.) This is a reference made by the learned Additional Sessions Judge Ahmedabad Rural camping at Himatnagar under sec. 438 of the Criminal Procedure Code recommending that the older passed by the learned Taluka Magistrate Bhiloda in a Chapter Case No. 8 of 1966 on 28 be set aside.

(2.) The facts leading rise to this reference are briefly stated as under :-

(3.) Being dissatisfied with that order the State filed a Criminal Revision Application No. 16 of 1966 in the Sessions Court at Himatnagar. The learned Additional Sessions Judge being of an opinion that the provisions of Sec. 173(4) of the Criminal Procedure Code could not have any application to a proceeding like the present proceeding and there being no investigation for a cognizable offence meaning thereby that the aforesaid statements having been not recorded an any such investigation the State was not bound to furnish such copies to the opponent has reported the matter to this Court under sec. 438 of the Criminal Procedure Code for setting aside the impugned order.