J.B. Pardiwala, J.

Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. The respondent No.2 - original accused, although served with the Notice issued by this Court through the Jail Superintendent, has chosen not to appear either in person through an advocate.

2. It appears from the materials on record that the Public Prosecutor put certain questions to the witness which came to be disallowed by the trial Court since an objection was raised by the defence that such questions were leading questions. In such circumstances, an application came to be filed Exhibit: 32 before the trial Court seeking permission to put such questions in the interest of justice. Vide order dated 31st August 2016 rejected the application Exhibit: 32.

3. Being dissatisfied, the original first informant has come up with this application.

4. On 18th November 2016, the following order was passed:

"1 Pursuant to the order passed by this Court dated 15th November 2016, the statement of the accused has been recorded. The accused has requested the Court to grant him some time so that he can engag