Gujarat High Court
Hareshbhai S/O Mulabhai ... vs State Of Gujarat on 7 December, 2022
Bench: Hemant M. Prachchhak
R/CR.A/1363/2021 ORDER DATED: 07/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1363 of 2021
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HARESHBHAI S/O MULABHAI HINDUBHAI BHARVAD
Versus
STATE OF GUJARAT
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Appearance:
MR SL VAISHYA(960) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 2
MS CHETNA SHAH APP for the Opponent(s)/Respondent(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 07/12/2022
ORAL ORDER
1. On 28.01.2022, this Court (Coram: Hon'ble Mr.Justice B. N.
Karia) has passed the following order:
"Today, learned advocate appearing for the
respondent No.2 has submitted that five witnesses
are examined and only few witnesses are to be
examined by the prosecution before the trial
Court.
Under the instructions, learned advocate for the
appellant has requested to permit him to withdraw
this appeal directing the learned Sessions Court
concerned to dispose of the trial at the earliest in
accordance with law.
Learned advocate appearing for the respondent
No.2 as well as learned APP for the respondent -
State have no objection if present appeal is
R/CR.A/1363/2021 ORDER DATED: 07/12/2022
withdrawn by the present appellant by directing
the learned trial Court to dispose of the trial.
Permission as sought for, stands granted.
Present appeal stands disposed of as withdrawn
with aforesaid liberty.
Learned trial Court make an endeavour to dispose
of the trial pending against the present applicant
as expeditiously as possible preferably within a
period of six months from the date of receipt of
coy of this order.
It would be open for the appellant to approach this
Court if trial is not concluded within a period of six
months. This Court has not examined the merits of
the case. Notice stands discharged."
2. On 28.11.2022, this Court has also passed the following
order:
"Perused the report dated 03.09.2022 received from the
Principal District & Sessions Judge, Banaskantha,
requesting to grant time of two months to conclude the
trial of Special POSCO Case No.04 of 2021 as the
arguments of all the parties have been concluded and now
it is only for the purpose of final order.
Mr.Valimohammed Pathan, the learned counsel appearing
for the respondent - original complainant submitted that as
per the status, the trial has already been concluded and
the judgment is also delivered.
Learned APP is directed to verify the fact and get the
report on the next date of hearing.
List the matter on 07.12.2022."
R/CR.A/1363/2021 ORDER DATED: 07/12/2022
3. It appears that this Court has earlier passed an order and
directed the Trial Court to conclude the trial within stipulated
period. The concerned District Court has filed a report to the
effect that the time which was granted by this Court to conclude
the trial may also be extended and, therefore, on 28.11.2022,
this Court extended the time to conclude the trial for a period of
two weeks.
4. But in the meantime, the learned Additional Public
Prosecutor for the respondent - State has submitted that the trial
is already concluded on 02.11.2022 and the accused persons
have been acquitted by the Trial Court by giving benefit of
doubt. Learned APP has tendered the copy of the judgment
dated 02.11.2022 passed by the Special Judge (POCSO) & 2 nd
Additional Sessions Judge, Deesa in Special Case (POCSO) No. 04
of 2021. Learned APP has submitted that in view of the aforesaid
order, the present application may be disposed of.
5. In view of the above, the present application stands
disposed of. Interim relief, if any, stands vacated.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
