SCR.A/1526/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1526 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= NITIN ANANTRAI KAMDAR & 2 - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR ASHISH M DAGLI for Applicant(s) : 1 - 3. MR RC KODEKAR ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1, MR ZUBIN F BHARDA for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 30/09/2008 ORAL JUDGMENT 1. Present Special Criminal Application under Article 227 of the Constitution of India is filed by the petitioners – original accused for appropriate writ, order and/or direction, quashing and setting aside the judgement and SCR.A/1526/2008 2/3 JUDGMENT order dtd.25/7/2008 passed by the learned 3rd Additional Senior Civil Judge and Judicial Magistrate, First Class, Jamnagar below application Ex.55 in Criminal Case No.5414 of 2007. In the alternate it is prayed to direct the court concerned to complete the task of recording of evidence (Chief and Cross) through commission of two witnesses named in Ex.55 on any fixed date or any time bound schedule as deemed fit by this Court. 2. Today when the matter is called out, Mr.Dagali, learned advocate appearing on behalf of the petitioners has submitted that the petitioners are not pressing for the present petition challenging the order dtd.25/7/2008 passed by the learned 3rd Additional Senior Civil Judge and Judicial Magistrate, First Class, Jamnagar below application Ex.55 in Criminal Case No.5414 of 2007. However, he has submitted that witnesses named in the application Ex.55 are not interested in giving their evidence at the earliest and hence the trial is delayed. 3. Mr.Zubin Bharda, learned advocate appearing on behalf of the respondent No.2 namely Nandbalaben and Hiralal whose evidence is to be recorded by appointing commission, will appear before the learned Chief Judicial Magistrate, Porbandar for giving their deposition on SCR.A/1526/2008 3/3 JUDGMENT 10/10/2008 and the deposition may be recorded on that day. 4. Under the aforesaid circumstances, the present Special Criminal Application is disposed by directing that the aforesaid two witnesses namely Nandbalaben and Hiralal may appear before the learned Chief Judicial Magistrate, Porbandar on 10/10/2008 for giving their deposition and the learned Chief Judicial Magistrate, Porbandar to record the evidence/deposition of aforesaid two witnesses as per the order dtd.25/7/2008 passed by the learned 3rd Additional Senior Civil Judge and Judicial Magistrate, First Class, Jamnagar below application Ex.55 in Criminal Case No.5414 of 2007. 5. With these, the present Special Criminal Application is disposed of. Direct Service Today is permitted. [M.R. SHAH, J.] rafik