Gujarat High Court
Dhruvben Guraldas Balani vs State Of Gujarat on 1 September, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.RA/659/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 659 of 2017
==========================================================
DHRUVBEN GURALDAS BALANI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
==========================================================
Appearance:
MR BM GUPTA, ADVOCATE for the Applicant(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR assisted by MS MOXA
THAKKAR, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 01/09/2017
ORAL ORDER
1. By way of this Criminal Revision Application, the applicant - accused No.6 challenges order dated 3.7.2017 passed by the learned Sessions Court, Gandhinagar below Exh.248 in Sessions Case No.34 of 2014, whereby the applicant - accused No.6 objected against the request of Special PP for permitting the prosecution to refresh the memory of PW 26 namely, Rajubhai K. Chandak by reading police statement of the witness recorded by the investigating officer came to be rejected.
2. It is a matter of fact that the examination-in-chief of PW 26 namely, Rajubhai K. Chandak is going on and at the midst of the evidence, the applicant - accused No.6 moved Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Sep 02 06:22:57 IST 2017 R/CR.RA/659/2017 ORDER application below Exh.248, as aforesaid.
3. Learned PP Mr. Mitesh Amin makes a statement at bar that the prosecution is neither going to read over nor place the police statement of PW 26 namely, Rajubhai K. Chandak in his hand for the purpose of refreshing the memory during the course of examination-in-chief.
4. In light of the statement made at bar, learned advocate for the applicant Mr. BM Gupta seeks permission to withdraw present application. Permission granted. Present Criminal Revision Application stands disposed of as withdrawn. Notice discharged. The learned trial Judge, now to proceed further in the matter in accordance with law.
(S.H.VORA, J.) shekhar Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Sep 02 06:22:57 IST 2017