Keshavlal Pehalabhai Patel v. State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1968 Supreme(Online)(Guj) 4

GUJARAT HIGH COURT
S.J. Mukhopadhaya, J
Keshavlal Pehalabhai Patel v. State of Gujarat

Advocates:
For the Appellants/Petitioners: Shri H.K. Thakore
For the Respondents: Mr. Sompura

Table of Content
1. commencement of criminal proceedings and related complaints. (Para 1)
2. arguments for quashing committal based on legal procedural failings. (Para 2)
3. explanation of procedural provisions for fair trial rights. (Para 3 , 4 , 5)
4. judicial discretion in handling evidence and the necessity for compliance. (Para 6 , 7)
5. concluding order to quash the committal. (Para 8)

1. The petitioners, who were the original accused Nos. 1 and 2, were charge - sheeted to the Court of the City Magistrate, Ahmedabad. They were accused of offences punishable under S.420-120B of the Indian Penal Code . The case was instituted upon a police report. On 11th January, 1967, it was ascertained that copies of the police - papers, referred to in S.173 of the Criminal Procedure Code were furnished to both the accused and the case was adjourned to 12th January, 1967 for the statement and charge by the learned City Magistrate, Ahmedabad, Mr. H.K. Damani. On account of the sick - note of the Defence Advocate, the case was adjourned to 16th January, 1967 for the above said purpose. On that day, the learned City Magistrate framed the charge, Ex. 2 against the present petitioners for the aforesa