Sumanbhai Natwarbhai Patel vs State Of Gujarat
2021 Latest Caselaw 13585 Guj

   R/CR.A/1046/2020                             IA ORDER DATED: 07/09/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       CRIMINAL MISC.APPLICATION (DIRECTION) NO. 2 of 2021
                In R/CRIMINAL APPEAL NO. 1046 of 2020
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PATEL BHARATBHAI PRABHUDAS Versus STATE OF GUJARAT ========================================================== Appearance:

for the PETITIONER(s) No. MR RJ GOSWAMI for the PETITIONER(s) No. MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. ========================================================== CORAM:HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE NIRZAR S. DESAI

Date : 07/09/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE A.J.DESAI)

RULE. Learned APP waives service of notice of Rule on behalf of the respondent - State of Gujarat.

Present applicant viz. PATEL BHARATBHAI PRABHUDAS - original accused No.4 has requested to send back the Record & Proceeding of the Sessions Case No.82/2014 which has been received by the Registry pursuant to the order passed by this Court in Criminal Appeal No.1046/2020 on the ground that the applicant was not tried alongwith other accused who have been convicted by the learned Sessions Judge. It is also the case of the applicant that he came to be arrested subsequent to pronouncement of the judgment by the learned trial Court and qua him the purshis was submitted adopting the evidence led before the learned trial Court in the aforesaid sessions case, however in absence of Record & Proceeding, the learned Sessions Judge is unable to deliver the judgment.

R/CR.A/1046/2020 IA ORDER DATED: 07/09/2021

Having heard learned advocates appearing for respective parties, we deem it fit to pass the following order.

Registry is hereby directed to send back the Record & Proceeding of the Sessions Case No.82/2014 forthwith. Thereafter, the learned Sessions Judge shall send back the Record & Proceeding of Sessions Case No.82/2014 back to this Court immediately.

With above direction, present application is disposed of. Rule accordingly.

(A.J. DESAI, J.)

(NIRZAR S. DESAI, J.)

Ajay