Gujarat High Court
Kandhal Sarman Jadeja vs State Of Gujarat on 9 December, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/19777/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 19777 of 2014
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KANDHAL SARMAN JADEJA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
NANAVATY ADVOCATES, ADVOCATE for the Applicant(s) No. 1
MR AN SHAH, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 09/12/2014
ORAL ORDER
1. Issue Notice to the respondents returnable on 22.01.2015. Mr. Shah, the learned APP waives service of notice for and on behalf of the respondent State of Gujarat.
2. Mr. N.D. Nanavaty, the learned senior advocate appearing on behalf of the applicant original accused no.3 submits that the trial Court has rejected the discharge application without taking into consideration the settled position of law that the statement of a co accused would not constitute legal evidence for the purpose of framing charge. Mr. Nanavaty submits that if the only evidence against the accused is in the form of a statement of a coaccused, which otherwise cannot be a part of the chargesheet, then, in such circumstances, the trial Court ought to have allowed the discharge application.
3. Having heard the learned counsel appearing for the parties Page 1 of 2 R/CR.MA/19777/2014 ORDER and having gone through the materials on record, I am of the view that till the disposal of this application, the trial Court shall not proceed to frame formal charge. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 2 of 2