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HIGH COURT OF GUJARAT
JCD
HAMIRBHAI DAHYABHAI KHASIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(J. C. DOSHI, J.)
1. On previous occasion, following order was passed on 11.03.2025 :-
“Report forwarded by learned Additional Sessions Judge, Kodinar, Gir Somnath is taken on record. It indicates that on 05.01.2017 charges were framed against all the accused. It is also stated that there are 23 witnesses but prosecution has not yet examined any witness due to stay against accused no.4 – Hamirbhai Dahyabhai Khasiya. While taking up report of learned Sessions Court, it could be noticed that there are as many as 4 accused arrayed in the charge-sheet. Amongst them, only applicant – Hamirbhai Dahyabhai Khasiya has filed present petition for quashment of FIR. In this circumstances, trial against other accused must be proceeded but prosecution on its own stayed their hand and not proceeded further in regard to trial against other accused.
Let there be detailed explanation from District Government Pleader concerned as to why trial against other accused of offence are not conducted. Stand over to 19.03.2025.”
2. Learned District Government Pleader pursuant to aforesaid order, forwarded explanation to learned PP, High Court of Gujarat in local language and it is taken on record.
3. What c
The court emphasized the prosecution's duty to expedite trial proceedings and not be influenced by defense tactics, ensuring timely justice for all accused.
The main legal point established in the judgment is the permissibility of dispensing with the physical presence of the accused during trial and allowing appearance through video conferencing, in line....
The duty to prepare and put questions to the accused under Section 313 Cr. P.C. rests with the Courts only, and the assistance of the prosecutor or defence counsel in preparing relevant questions doe....
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
The main legal point established is that once the examination of a witness begins, the trial should proceed continuously, with adjournments only granted for the strongest possible reasons, and the du....
Prolonged delays and lack of sufficient evidence in criminal proceedings lead to quashing of charges, as continued prosecution serves no justice, particularly with hostile witnesses and absent key te....
The duty of the court to ensure fair trials and the quest for truth in criminal proceedings.
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
The right to a speedy trial is fundamental, requiring trial courts to avoid unnecessary adjournments and ensure timely witness examination.
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