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2003 Supreme(Bom) 234

S.K.SHAH
Fatehsinh Mohansinh Chauhan & others – Appellant
Versus
Union Territory of Dadra and Nagar Haveli, Silvassa & another – Respondent


JUDGMENT - SHAH S.K., J.:---Rule, returnable forthwith. Heard finally by consent of the parties.

These writ petitions are filed by the accused persons involved in the same case and they are impugning the same order passed by the learned Sessions Judge, Dadra and Nagar Haveli, Silvassa. Therefore, both these writ petitions are decided by common order.

2.By order dated 18th April, 2002, the learned Sessions Judge, Dadra Nagar Haveli, Silvassa, passed below Exhibit 107 in Sessions Case No. 29 of 1997, allowed the prosecution to recall the four witnesses, being P.W. 2 Jayeshkumar Naginbhai Patel, P.W. 5-Ishwar Lakhma Vangad, P.W. 7-Kakad Radka Kurkutia and P.W. 8 - Ladak Jania Mishal and examined them again. These witnesses were previously examined and they had turned hostile. It is this order which is impugned in the present writ petitions.

3.Brief facts would be necessary for considering the controversy involved.

The petitioners in these two petitions are the accused in Sessions Case No. 29 of 1997 which is pending before the Sessions Judge, Dadra Nagar Haveli, Silvassa. Lok sabha elections were scheduled to be held on 2nd May, 1996 in the Union Territory of Dadra Nagar Haveli. Two








































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