Gujarat High Court
Avinashbhai Rajendrakumar Patel vs State Of Gujarat on 21 December, 2023
NEUTRAL CITATION
R/SCR.A/16202/2023 ORDER DATED: 21/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16202 of 2023
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AVINASHBHAI RAJENDRAKUMAR PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR RAJAN J PATEL(6775) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/12/2023
ORAL ORDER
[1.0] By way of present petition under Article 226 of the
Constitution of India read with Section 482 of the Code of
Criminal Procedure, 1973, the petitioner has prayed for the
following reliefs:
"(B) Be pleased to issue a writ in the nature of mandamus
or any other kind appropriate writ and/or to exercise the
supervisory jurisdiction of this Hon'ble Court and pass an
appropriate order to quash and set aside the order dated
05/04/2023 passed below Exh.23 in Criminal Appeal
No.16/2020 by learned Judge of Sessions Court at City Civil
and Sessions Court, at Ahmedabad;"
[2.0] Heard learned advocate Mr. Rajan Patel for the petitioner
and learned APP for the respondent No.1 - State of Gujarat.
[3.0] It is the case of the petitioner that the petitioner had filed
NEUTRAL CITATION
R/SCR.A/16202/2023 ORDER DATED: 21/12/2023
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an FIR being CR No.II-3031 of 2014 with Isanpur Police Station,
Ahmedabad for the offences punishable under Sections 289, 338
and 337 of the Indian Penal Code, 1860 and after filing of charge-
sheet it culminated into Criminal Case No.242/2014 and the
learned Additional Chief Metropolitan Magistrate, Ahmedabad
has been pleased to convict the accused on 02.01.2020. Being
aggrieved and dissatisfied with the judgment passed in Criminal
Case No.242/2020, the respondent No.2 / accused preferred
Criminal Appeal No.16 of 2020 before the learned City Sessions
Court, Ahmedabad.
[3.1] It is the grievance of the petitioner that though oral as well
as written arguments are submitted by both the parties, till date
no any judgment is delivered by the learned City Sessions Judge.
Nonetheless, time and again request is made by the petitioner to
pronounce the judgment. Though written arguments are
submitted on 13.09.2021 and 06.10.2021, matter was transferred
and once again oral arguments came to be made but till date, no
judgment is pronounced. Hence, present petitioner filed another
application on 17.12.2022 requesting to pronounce the
judgment. However, it was not accepted by the concerned Court.
Hence, once again, the petitioner tendered an application on
05.04.2023, which came to be fixed for hearing. Hence, present
petition is filed.
[4.0] Going through the petition it appears that the present
petitioner is the original complainant and he has made all efforts
for getting speedy justice. It is very surprising and disturbing fact
that the application dated 05.04.2023 whereby petitioner has
requested to pronounce the judgment in Criminal Appeal No.16
NEUTRAL CITATION
R/SCR.A/16202/2023 ORDER DATED: 21/12/2023
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of 2020 is also fixed for hearing. It is very sorry state of affair that
though in the year 2021, written arguments are submitted and
then matter was transferred and oral submissions were made, till
date judgment is not pronounced.
[5.0] Considering the aforesaid fact, the learned Judge, City
Sessions Court, Ahmedabad is directed to deliver the judgment in
Criminal Appeal No.16 of 2020 as early as possible preferably
within a period of 30 days from today as the judgment is not
pronounced within time as per prescribed time line under the
Code of Criminal Procedure.
[6.0] With aforesaid direction, present petition is disposed of.
Learned City Sessions Judge, Ahmedabad to decide the Criminal
Appeal No.16 of 2020 on its own merits without being influenced
by the observations made in this order.
(HASMUKH D. SUTHAR, J.)
Ajay
