SANJAY PARBATBHAI CHAUHAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Learned Special PP, Mr. Kodekar, appearing with learned Advocate, Mr. Kapaida, waives service of rule for respondent No.1, whereas, the learned APP waives for the respondent-State. The petitioner seeks to challenge the the order dated 15.11.2018, passed by the CBI Court No.1, City Civil Court, Ahmedabad, in CBI Case Nos. 1/2014, 2/2014 and 3/2014, whereby, the application for deciding the admissibility of the tentative exhibits given to documentary evidences, before the final arguments of the parties, came to be rejected.

(2.) In the case of one Amit Jethwa, who had complained of illegal mining activities in and around Gir Forest Sanctuary, came to be murdered, and therefore, an FIR being I-C.R. No. 163 of 2010 came to be lodged with Sola Police Station under Sections 302 and 114 of the Indian Penal Code, 1860, and Sections 25(1) of the Arms Act, 1959. Since, the original complainant was not satisfied with the investigation by the local police, he made an application for transfer of investigation to CBI and this Court vide order dated 25.09.2012, transferred the investigation to CBI. CBI, after due investigation, filed the charge-sheet and committed the case to the Court of Sessions and the same were eventually consolidated and numbered as CBI Case Nos. 1, 2 &

(3.) of 2014. During the course of trial, in all 195 witnesses came to be examined. During the course of trial, since, most of the witnesses turned hostile, the complainant approached this Court by way of a writ-petition seeking certain reliefs, including the request of de novo trial, which came to be allowed by this Court, directing de novo trial with certain specific directions.