Dhruben Guraldas Balani vs State Of Gujarat
2021 Latest Caselaw 7459 Guj

      R/SCR.A/8181/2018                                      ORDER DATED: 01/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 8181 of 2018

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                            DHRUBEN GURALDAS BALANI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. BHADRISH S RAJU(6676) for the Applicant(s) No. 1
SAIRICA S RAJU(8761) for the Applicant(s) No. 1
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 01/07/2021

                                     ORAL ORDER

Heard learned Advocate Shri Bhadrish Raju for the applicant and learned Additional Public Prosecutor Ms. Maithili Mehta for the respondent State.

2. Learned Advocate Shri Raju seeks permission to withdraw this application with a liberty to file fresh application before the Trial Court for the same purpose as per the guidelines set out in the decision of the Supreme Court in the case of Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal and others 2020 (7) SCC(1).

3. Permission is granted. The applicant may make such an application before the learned Trial Court, who shall decide the said application keeping in mind the directions of the Supreme Court in the judgment reported hereinabove. The learned Trial Court to decide the matter independently without being in any way influenced by the fact of the present

R/SCR.A/8181/2018 ORDER DATED: 01/07/2021

petition having been withdrawn by this Court.

4 In case the application preferred by the applicant is granted, it would be open for the applicant to seek for recall of the witness in question, which application may be decided by the Sessions Court on its own merits.

5. With the above observations and directions, this petition is disposed of as withdrawn.

(NIKHIL S. KARIEL,J) MARY VADAKKAN