1.00. Present Revision Application, under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the petitioner - original complainant challenging the impugned order passed by the learned 6th Additional Sessions Judge, Bhavnagar Camp at Botad below Ex.84 in Sessions Case No.17 of 2011 dtd.11/4/2012, by which the learned Judge has allowed the said application submitted by the accused under section 311 of the Code of Criminal Procedure to recall Witness no.17 mentioned in the Chargesheet – Mr.M.D. Trivedi, Executive Magistrate, Bhavnagar as well as to recall the original complainant. 2.00. Today, when the present Revision Application is taken up for final hearing Mr.Dipen K. Dave, learned advocate appearing on behalf of the respondent Nos.2 to 7 – original accused has stated at the bar under the instructions of his clients - original accused that the respondent nos.2 to 7 herein - original accused do not press application Ex.84 and consequently have no objection if the impugned order passed by the learned 6th Additional Sessions Judge, Bhavnagar Camp at Botad below Ex.84 in Sessions Case No.17 of 2011 dtd.11/4/2012, is quashed and set aside. Mr.Dave, learned advocate appearing on behalf of the original accused does not invite reasoned order.
3.00. In view of the above stand taken by Mr.Dave, learned advocate appearing on behalf of the original accused recorded hereinabove, and even considering the impugned order, which according to this Court, cannot sustain, as nothing has been mentioned by the accused as to which questions are required to be asked, which were not asked in the cross- examination of the witnesses examined earlier and even at the relevant time when the prosecution dropped the Executive magistrate and the same was not objected, the learned Judge has materially erred in passing the impugned order. This Court is not assigning further reasons as Mr.Dave, learned advocate appearing on behalf of the original accused does not invite reasoned order.
4.00. In view of the above and for the reasons stated above, present Revision Application succeeds. The impugned order passed by the learned 6th Additional Sessions Judge, Bhavnagar Camp at Botad below Ex.84 in Sessions Case No.17 of 2011 dtd.11/4/2012, is hereby quashed and set aside. Rule is made absolute accordingly.
[M.R. SHAH, J.] rafik