JITUBHAI MOHANBHAI KUHADA - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance :
MR ASHISH M DAGLI for Applicant(s) : 1, PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAJESH H.SHUKLA Date : 08/11/2012 ORAL ORDER Heard Shri B.B. Naik, learned Senior Counsel with Shri Ashish M. Dagli, learned counsel for the petitioners.
Learned counsel for the petitioner has made submission referring to the report made by the Investigating Agency produced on record at page 66 and has tried to submit that in spite of this report without any material he has been shown in the chargesheet as an accused and therefore, he has been apprehended the further proceedings. He has filed the present petition on the grounds that he has also referred to other papers.
Learned A.P.P. Ms. Archana C. Rawal has stated that after submission of chargesheet, the investigation is pending and the statements of three persons namely, Rameshbhai, Dharmeshbhai and Kishorbhai have been recorded, which are the basis for implementing the present accused and further investigation is being made. She has also CR.MA/15945/2012 2/2 ORDER referred to AnnexureH (page 70), wherein the name of the petitioner is mentioned while giving history of the victim.
Therefore, without any further prayer the interest of justice would be served, if the investigation is allowed to progress further with a direction that no coercive measure shall be taken till the next date.
The matter stands over to 11th December, 2012. Learned A.P.P. shall apprise the Court about the further progress. Direct Service is permitted.
[RAJESH H. SHUKLA, J.] Hasan.