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2021 Supreme(Guj) 616

ILESH J.VORA
RAGHUBHAI NATHUBHAI KUMARKHANIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR ASHISH M DAGLI
For The Respondent: MS SHRUTI PATHAK, APP.

ORDER :

1. By filing this petition under Article 226 of the Constitution of India, the petitioners-original accused call in question the legality and validity of the order dated 02.03.2020 passed by learned 13th Additional Sessions Judge, Rajkot in Sessions Case No.177 of 2013 below Exh.236 in the cross-examination of PW.25.

2. With the consent of learned advocates appearing for the respective parties, the matter has been taken up for final disposal. The petitioners are facing sessions trial for the charges under Sections 143, 147, 148, 149, 302, 452, 504, 506(2), 323 and 324 of the Indian Penal Code and Section 135 of Gujarat Police Act. During the course of recording evidence of PW.25, Exh.236, the defence had asked a question pertaining to police yadi along with the report Exh.241. The learned trial Court has refused to permit the defence counsel to ask the question to be asked to the witness. Aggrieved by the order of refusal, the present petitioners have come up before this Court to quash the impugned order.

3. Relying on the decision of Co-ordinate Bench of this Court in case of Prashant Maheshbhai Pandya & Ors. vs. State of Gujarat reported in 2016 (3) Crimes. 90, Mr. Ashish Da

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