State Of Gujarat vs Mafaji Bhikhaji Hadiyol
2021 Latest Caselaw 1603 Guj

        R/CR.MA/966/2021                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 966 of 2021

                  In R/CRIMINAL APPEAL NO. 71 of 2021

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                             STATE OF GUJARAT
                                    Versus
                           MAFAJI BHIKHAJI HADIYOL
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Appearance:
MS CM SHAH, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI

                               Date : 03/02/2021

                                ORAL ORDER

After hearing the learned APP Ms. Shah for the applicant­ appellant and having regard to the judgment of the Special Court as well as the small paper­book produced by the learned APP, it transpires that though the complaint was filed by the complainant Jayeshbhai Galabhai Solanki making specific allegations against all the three accused and though in the history before Dr.Yogeshkumar Desai (P.W.No.8), the complainant had named all the three accused, in his substantive evidence before the Court the complainant had tried to implicate only accused No. 1 Mafaji Bhikhaji Hadiyol and had tried to shield the accused Nos. 2 and 3, meaning thereby he had not supported the case of the prosecution so far as the accused Nos. 2 and 3 were concerned. Learned APP Ms. Shah is also not sure as to whether the complainant was cross­examined by the learned Advocate for the accused no. 1 or not, inasmuch as in the copy of the deposition of the complainant produced along with the paper­book, the cross­ examination by the learned advocate for the accused no. 1 was adjourned to the next date, however there is nothing to show that on

R/CR.MA/966/2021 ORDER

the next date he was permitted to cross­examine the complainant or not.

Under the circumstances, the learned APP is directed to take instructions as to whether the complainant was cross­examined by the learned Advocate for the accused No. 1 or not and whether the complainant was paid any amount by the Social Welfare Department for lodging the complaint, which normally the Social Welfare Department would pay in such cases. Learned APP may also inquire whether such amount if paid could be recovered from the complainant if he had not supported the case of the prosecution. Let the Notice be also issued to the respondents in this regard, returnable on 17.02.2021.

(BELA M. TRIVEDI, J) SINDHU NAIR