JIGNESHKUMAR LAXMANBHAI CHAUDHARY Vs. STATE OF GUJARAT
LAWS(GJH)-2021-8-185
HIGH COURT OF GUJARAT
Decided on August 10,2021

Jigneshkumar Laxmanbhai Chaudhary Appellant
VERSUS
STATE OF GUJARAT Respondents




JUDGEMENT

ILESH J.VORA,J. - (1.)By way of this petition filed under Article 227 of the Constitution of India, the petitioner has prayed following substantial relief:
"(B) Your Lordships may be pleased to quash an set aside the impugned order dated 29.06.2019 as passed by the learned Additional Sessions Judge, Gandhinagar thereby opening the right of the cross-examination of the Investigating Officer with an appropriate rider to cross-examine the witness within a time-bound program."

(2.)The facts giving rise to the present petition are as under: The petitioner is facing sessions trial at Gandhinagar for the offence punishable under Sections 498A, 306 & 114 of the Indian Penal Code. In the Sessions Case No.8 of 2015, after recording the evidence of most of the witnesses, the matter was fixed for evidence of Investigating Officer. The Chief Examination of the testimony of the Investigating Officer of the witnesses L.B.Monpara (P.W.16) had been recorded by the learned trial Court. On 29.06.2019, after completion of the Chief Examination of the witnesses L.B.Monpara (P.W.16), the matter was on cross-examination. On 29.06.2019, the proxy advocate of the defence counsel sought time for further cross-examination by submitting application at Ex.107 on the ground that the senior advocate has gone to U.S. The learned Sessions Court, after hearing the proxy advocate, dismissed the application vide its order dated 29.06.2019 observing that the Investigating Officer is not available for three months and he has to leave for Canada, and therefore, reason for adjournment is not proper and accordingly, the right has been closed for cross-examination.
(3.)Being aggrieved with the impugned order, this application is filed by the petitioner.


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