RAMESHBHAI KHODABHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Ashish M. Dagli for the applicant who is original complainant whereas learned additional public prosecutor Mr. Manan Mehta for respondent no. 1 State and learned advocate Mr. Pratik Y. Jasani for respondent nos. 2, 3 and 4 whereas learned advocate Mr. Mrugen K. Purohit for respondent no. 5. Perused the record.

(2.) Amongst the respondents, respondent no. 6 is the sole accused before Sessions Court of Morbi in Sessions case no. 12 of 2011 wherein he is facing charges under Section 302 of Indian Penal Code whereas respondent nos. 2 to 5 are proposed accused since complainant has, by application at Ex. 93 before the Trial Court prayed to join them as accused in on going trial against the respondent no. 6. Such application under Section 319 of the Criminal Procedure Code, 1973 (herein referred after to as the Code) is rejected by the Sessions Court by impugned order dated 13.07.2015, which is under challenge under this petition.

(3.) It seems that all the respondents are relatives of each other. Whereas respondent no. 6 though contested this petition, in fact he is not concerned with the issue raised in the petition because he is already facing trial under Section 302 of Indian Penal Code and he is in judicial custody pending the trial. However, he opposed the petition, may be because of the reason that respondent nos. 2 and 3 are his sons.