Gujarat High Court
Jigar Vaghaji Thakor vs State Of Gujarat on 1 October, 2025
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R/SCR.A/2736/2025 JUDGMENT DATED: 01/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2736 of 2025
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 2 of 2025
In R/SPECIAL CRIMINAL APPLICATION NO. 2736 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
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Approved for Reporting Yes No
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JIGAR VAGHAJI THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR GIRISH D CHAVDA(3226) for the Applicant(s) No. 1
MR PARTHIV A BHATT(5331) for the Applicant(s) No. 1
MS.AKSHITABA SOLANKI(6782) for the Respondent(s) No. 2
MR.JAY MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 01/10/2025
ORAL JUDGMENT
1. RULE. Mr.Jay Mehta learned APP waives
service of notice of Rule on behalf of respondent
no.1-State and Ms.Akshitaba Solanki waives
service of notice of Rule on behalf of respondent
no.2.
2. Heard learned advocate Mr.Parthiv Bhatt on
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behalf of the petitioner who is the original
accused no.2 in POCSO Case No.15 of 2023,
pending before the learned Additional District
and Sessions Judge at Viramgam.
3. The petitioner by way of this petition, has
submitted that, an FIR was registered against
him and co-accused by the Detroj Police Station
under Sections 306, 504, 506(2), 354(D) of the
IPC and under Sections 11 and 16 of the POCSO
Act on 14.06.2023.
4. The petitioner was shown as accused no.2 in the
charge-sheet, which was filed by the
Investigating Officer, upon completion of the
investigation. It has been mentioned in the
application that, during the pendency of the trial
in POCSO Case No.15 of 2023, an application at
Exh.47 was moved by the learned advocate of the
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petitioner herein to reopen the stage of cross-
examination of the original complainant
Janakben and prosecution witness-Chandrikaben.
However, the learned Additional Sessions Judge
had rejected the said application, vide his order
dated 20.01.2025 observing that, the previous
application Exh.28 was dismissed by way of a
reasoned order on 14.10.2024, which had not
been challenged by the accused no.2.
5. It is further mentioned that, the learned advocate
who was representing the accused no.2, had
retired and had given an NOC to the new
advocate who would represent the accused no.2,
who required time to cross-examine the said two
witnesses. Hence, the orders passed below
application at Exh.47 dated 20.01.2025 and
Exh.28 dated 14.10.2024, by the learned
Additional Sessions Judge be quashed and the
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petitioner be permitted to cross-examine the said
two witnesses.
6. Heard learned advocate Mr.Parthiv Bhatt for the
petitioner and learned APP Mr.Jay Mehta for the
respondent-State.
7. Learned advocate Mr.Parthiv Bhatt representing
the petitioner has stated that, the right of the
accused no.2 to cross-examine the said witnesses
viz. PW-1 Janakben Ghabhaji Thakore and PW-6
Chandrikaben Ghabhaji Thakore would be
jeopardized, if permission for their cross-
examinations would not be granted, considering
the charge against him pertaining to offence
under the POCSO Act.
8. Learned advocate Mr.Bhatt has further
submitted that, this Court can very well allow the
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petition by imposing costs.
9. On the other hand, Mr.Jay Mehta the learned
APP vehemently objected the petition and
submitted that, relief as prayed for should not be
granted to the petitioner considering the fact
that, the trial had protracted because of his own
inaction and the petition be dismissed.
10. At the outset, the learned advocate for the
accused no.2 had preferred an application at
Exh.28 on 14.10.2024 in POCSO Case No.15 of
2023, praying for time, which came to be
rejected by the learned Additional Sessions Judge
at Viramgam, by way of reasoned order.
11. Thereafter, the learned advocate had preferred
another application at Exh.47 on 20.01.2025,
praying for time, which too, was rejected by way
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of a reasoned order, by the learned Additional
Sessions Judge of Viramgam.
12. On perusing the copy of the deposition of PW-1
Janakben who was examined by the learned
Additional Sessions Court in POCSO Case No.15
of 2023 by way of Exh.12, it transpires that, the
learned advocate Mr.F.H.Achhava on behalf of
the accused no.2 i.e. the present petitioner, had
submitted before the Court that he had given his
NOC to another advocate. However, the
appearance could not be filed on behalf of the
new advocate. It was noted in the said
deposition that, since the appearance was not
filed on behalf of accused no.2 and adjournment
application was also not submitted, the right of
cross-examination came to be closed.
13. On perusing the deposition of PW-6
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Chandrikaben, who came to be examined as
PW-6 in POCSO Case No.15 of 2023 by way of
Exh.7, it is reflected that the Court had rejected
the adjournment application on behalf of learned
advocate Mr.K.B.Chavda representing the
accused no.2, pursuant to which the right of
cross-examination of the said witness came to be
closed.
14. It is pertinent to observe that, the learned
Additional Sessions Judge had rightly noted in
the order dated 14.10.2024, that enough time
had elapsed in securing the Muddamal before
the Court, and the matter being one in category
of targeted case, the accused no.2 was not
granted further time. However, considering the
principles of equity and natural justice and the
charge against the accused no.2 being of heinous
offence, it deems fit to this Court that, the
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accused no.2 can be permitted to cross-examine
PW-1 Janakben Ghabhaji Thakore and PW-6
Chandrikaben Ghabhaji Thakore in POCSO Case
No.15 of 2023 pending before the learned
Additional District and Sessions Judge at
Viramgam.
15. Hence, without dwelling further, the present
petition deserves to be allowed and the same is
hereby allowed and the orders passed by the
learned Additional Sessions Judge below
Applications Exh.47 dated 20.01.2025 and
Exh.28 dated 14.10.2024 though neither being
erroneous nor illegal, but to subserve the cause
of justice are hereby quashed and set aside,
subject to payment of Rs.25,000/- as costs to be
deposited before the Taluka Legal Services
Authority at Viramgam, before cross-examination
of the prosecution witnesses.
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16. The learned Additional Sessions Judge of
Viramgam, shall fix one date as per his
convenience and considering other critically old
matters, if any, on his board, on which, PW-1
Janakben Ghabhaji Thakore and PW-6
Chandrikaben Ghabhaji Thakore shall be
recalled, and the learned advocate for the
accused no.2 shall cross-examine both these
witnesses without fail, on such date so fixed.
However, the learned Additional Sessions Judge
shall be at liberty to permit the learned advocate
for the accused no.2 to cross-examine PW-1
Janakben Ghabhaji Thakore and PW-6
Chandrikaben Ghabhaji Thakore, on such
counts/issues/aspects, as it may deem fit to him.
The learned Additional Sessions Judge shall not
grant any further adjournment to the accused
no.2 for cross-examination of the aforesaid
witnesses.
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17. Petition is allowed in the aforesaid terms. Rule is
made absolute.
18. In view of the disposal of the main petition,
connected Criminal Misc. Application for
direction will not survive and hence, the same
also stands disposed of.
Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
