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2010 Supreme(Guj) 15

H.N.DEVANI
STATE OF GUJARAT – Appellant
Versus
RAJENDRAKUMAR GOKALDAS VAJA – Respondent


Advocates: Aditi P.Kanabar, P.J.Kanabar, UMESH A.TRIVEDI,

H. N. DEVANI, J.

( 1 ) THIS is a unique case where during the course of his examination-in-chief, the respondent who was a prosecution witness did not support the prosecution case, however, upon a request being made by the Public Prosecutor to declare him hostile, he moved an application supported by documentary evidence, raising objections against his being declared hostile. The trial Court considered the application on merits and after carrying out a detailed inquiry stretching over a period of almost eight months and permitting production of additional documentary evidence and calling for reports from the police authorities, has allowed the application and turned down the request made by the Public prosecutor, leading to the present application.

( 2 ) THE facts leading to the filing of the present application are that acting on a tip off, to the effect that one Paresh Naran Chudasama-Vala and Ashok Devayat Aahir of villages Manavadar and Mandva, taluka Kutiyana, respectively, have kept in their possession counterfeit currency notes of the denomination of Rs. 100/- and are trying to put theni in circulation, Mr. M. R. Godhaniya, P. S. I. Manavadar Police Station, arranged a raid.

































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