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2024 Supreme(Online)(GUJ) 20149

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BHAVNABEN DINESHBHAI DESAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MRS. BHAVINI N. BUCH(5403) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER

1. RULE. Learned APP waives rule for the Respondent State.

2. Considering the facts and circumstances of the case, this matter is taken up for final disposal forthwith.

3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ Cr.P.C .”), the applicant has prayed to quash and set aside the impugned order dated 10.08.2023 passed by the learned Special Judge, (Atrocity) Court No.8, Ahmeabad City below Application Exhibit 101 (At Annexure-A) and permit the applicant to recall the PW-7 and PW-8 in the proceedings of Sessions Case No.171 of 2015 pending in the Court of learned Special Judge (Atrocity), Court No.8 Ahmedabad City in order to get the contents of the two yadis addressed to the medical officer and produced by the defense for the first time before the learned trial Court proved in the interest of justice.

4. Brief facts of the case are as under:

4.1 The case of the present applicant is that she married Accused No. 4 on March 30, 2000, but only moved in with her husband and in-laws in 2005 after customary rituals. In 2007, she gave birth to a daughter, after which her husband and relatives subjected her to cruelty

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