Vakhatsinh Aaitabhai Parmar vs State Of Gujarat & Ors

Hasmukh D. Suthar, J

1) By way of present revision application under Sections 397 and 401 of the Code of Criminal Procedure, 1973, the applicant has sought following relief:-

"B) The Hon'ble Court may be pleased to call for the Records and Proceedings of the Sessions Case No.28 of 2015 from the Court of the Learned Principal Sessions Judge, Kheda at Nadiad and further be pleased to Quash and set aside the Judgment and Order dated 23.11.2015 passed below Exh. 13 and be further pleased to grant the Further Investigation in the peculiar facts and circumstances of the present case."

2) The applicant - original complainant has assailed the order dated 23.11.2015 below Exhibit 13, in Sessions Case no.28 of 2015 passed by the learned Principal Sessions Judge, Kheda - Nadiad, whereby, the learned Sessions Judge has dismissed the application of the applicant seeking further investigation. Perusing the order passed by the learned Sessions Judge it appears that in light of Reeta Nag Vs. State of West Bengal, reported in LAWS (SC) 2009-8-82, application filed under Section 173(8) of the Code of Criminal Procedure, came to be dismissed.

3) However, it is kept open for the prosecution to lead the evidence before the learned trial Court and if during recording of the evidence, if any evidence is lead before the learned trial Court, then it is always kept open for the complainant / prosecution to invoke the provision of Section 319 of the Code of Criminal Procedure and at that event the concerned trial Court has to take appropriate recourse under Section 319 of the Code of Criminal Procedure.

4) With the aforesaid direction, the present revision application stands disposed of. It is made clear that this Court has not gone into the merit of the case.

5) The learned trial Court is directed to expedite the trial of the case.

6) Interim relief granted earlier stands vacated. Record and proceedings, if any, be sent back to the concerned Court forthwith.