Krishnavadan Somnath Brahmbhatt vs State Of Gujarat
2021 Latest Caselaw 3215 Guj

        R/SCR.A/2010/2021                                   ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/SPECIAL CRIMINAL APPLICATION NO. 2010 of 2021
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            KRISHNAVADAN SOMNATH BRAHMBHATT
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR. BHADRISH S RAJU(6676) for the Applicant(s) No. 1
NIMIT Y SHUKLA(8338) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
                    Date : 24/02/2021
                      ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the order dated 03.02.2021 passed under Exh.6

(at Annexure­A) in Criminal Case No.36580 of 2019 pending

before the learned Additional Chief Metropolitan Magistrate, Court

No.16, Ahmedabad.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that the

applicant has filed an application under Exh.68 on the ground that

the person proposed to be summoned is responsible being in

official position for the management of electronic record of the

relevant activities which is a prerequisite under Section 65B of the

Information Technology Act, 2002. However, the learned Judge has

committed an error in rejecting the application for examination of

the witnesses. That under Section 244 of the Code of Criminal

R/SCR.A/2010/2021 ORDER

Procedure, 1973, the powers of Magistrate are unfettered and it

can summon any witness directing him to attend and/or produce

any document or a thing necessary for the just decision of the case

pending before its Court. That Mr.Rohan Gupta being the National

Head of the Social Media Department of Indian National Congress

is required to be summoned as he would be the most conversant

person to know the whereabouts of the original video published in

the social media. That the learned Trial Court has rejected the

application vide order dated 03.02.2021 on the ground that there

was no relevance of calling such witness. In support of his

arguments, learned advocate for the applicant has relied upon the

judgment in the case of Arjun Panditrao Khotkar Vs. Kailash

Kushanrao Gorantyal and others reported in (2020) 7 SCC 1.

Issue requires consideration.

Hence, Notice, returnable on 10.03.2021. Learned APP

waives service of notice for and on behalf of the respondent­State.

The applicant may approach the learned Trial Court to

adjourn the matter and the learned Trial Court may consider the

prayer of the applicant till the next date of hearing.

(B.N. KARIA, J) rakesh/