BHAVAN BHIKHUBHAI SODHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned A. P. P. waives service. In view of the limited consensus, petition is disposed with the following observations and directions:-

(2.) IT was jointly submitted on the basis of ratio of the judgement of the Supreme Court in Bipin Panchal Vs. State of Gujarat in AIR 2001 S. C. 1158, that the dispute and objection as regards admissibility in evidence of the statement made before investigating officer by any person may be determined at the stage of final hearing and arguments of the parties before the trial court. Therefore, in the meantime, the impugned order dated 31. 07. 2008 shall stand, but parties shall be allowed to argue for or against admissibility of the impugned statement made before the investigating officer and for being read in evidence as relevant and, if the issue is raised, the court will decide afresh that issue in accordance with law, while rendering final judgement in the criminal case. Accordingly, reserving the right of the petitioner to argue against admissibility of the evidence coming in the deposition of the witness as statement made before him, the present petition is disposed and rule is made absolute accordingly, with no order as to costs.

(3.) IT is clarified that the fact of the present petition being not allowed in toto will not prejudice the court in considering the arguments of the petitioner.