ORAL ORDER

1. By way of present petition, the petitioner has prayed for the following reliefs:-

“(b) Your Lordships be pleased to issue appropriate writ, order or direction for quashing and set aside the impugned chargesheet submitted by the police vide Chargesheet No.64/2020 dated 29/07/2020 qua the present petitioner since the same is outcome of unfair, baised and tainted investigation carried out in highly mechanical manner without considering the grievances and plea of the present petitioner in its true spirit.

(c) Your Lordships be pleased to allow this petition by issuing appropriate writ, order or direction granting fresh/further investigation by an independent agency like CBI etc in connection with CR No.11993005200314 of 2020 dated 09/05/2020 registered with the Adesar Police Station, Bhachau, Dist. Kutch.

(d) Your Lordships be pleased to grant interim relief by way of granting stay upon the further proceedings arising out of the FIR being C.R.No.11993005200314 of 2020 dated 09/05/2020 registered with Adesar Police Station, Dist. Kutch which culminated into Sessions Case No.32/2021 before the learned 9th Additional Sessions Judge, Kutch till the admission and final disposal of the present petition before this Hon'ble Court qua the present petitioner (e) Your Lordships be pleased to quash and set aside the impugned order passed in CRMA No.204/2021 passed by the learned 9th Additional Sessions Judge, Kutch dated 03.06.2021 and to permit the applicant to undergo narco analysis or lie detection or any other scientific tests.”

2. Heard Mr. Neel Lakhani, learned counsel for the petitioner and Mr.H.K.Patel, learned APP for the respondent State.

3. Learned counsel for the petitioner does not press present petition qua narco test of the complainant and other witnesses and prays only qua present petitioner Bhagubha Hasubha Vaghela.

4. Learned APP has submitted a report dated 13.06.2024 prepared by PSI Mr.B.G.Raval, Adesar Police Station, from which, it appears that the police authority has sought time to conduct narco test of the petitioner on priority basis. Considering the report dated 13.06.2024, as substantial part of the prayer being satisfied and the police authority is going to conduct narco test as per the request of the petitioner, Mr. Lakhani does not press present petition.

5. In view of the above, present petition stands disposed of as not pressed. However, it is made clear that the learned Sessions Judge has to appreciate the evidence produced/adduced by the prosecution and accused, and decide the pending proceedings, on its own merit, without being influenced by the observations made by this Court.

(HASMUKH D. SUTHAR,J)

SUCHIT