MS. H. N. DEVANI, J. By this petition under Articles 226 and 227 read with Articles 21 and 14 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has called in question the order dated 26th August, 2009 passed by the learned Additional Sessions Judge, Gondal on the application Exhibit 505, filed by the petitioner seeking production of the case diary for the purpose of effectively cross-examining prosecution witness No.44, and has prayed for the following substantive reliefs :

“(6) Under the premises aforesaid, the petitioner prays before this Hon'ble Court that :

(A) Be pleased to allow the present petition and be further pleased to quash the impugned order vide Annexure-E passed in Sessions Case No.88 of 2006 by Additional Sessions Judge, Gondal, dated 26.8.2009.

(B) Be pleased to issue writ, orders or directions, directing the respondent to provide the portion of case diary, containing statements and procedure made or revealed to the petitioner in Sessions Case No.88 of 2006 by Additional Sessions Judge, Gondal, dated 26.8.2009.”

2. One Jayesh alias Pancha Muljibhai Satodia lodged a first information report agains