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Purshottambhai vs State

High Court Of Gujarat|19 November, 2010


Mr.Prakash Jani, learned Public Prosecutor waives service of notice of Rule on behalf of the respondent - State of Gujarat. With the consent of the parties, the application is taken up for hearing today.
2. Having heard the learned Advocates appearing for the respective parties and looking to the peculiar facts and circumstances of the case and, without entering into the technicality as well as maintainability of the application, following order is passed with the consent of parties.
The lawyer of the applicant - accused will be permitted to remain present at the time of conducting the brain mapping test of the applicant - accused, which is to be conducted at FSL, Gandhinagar between 22/11/2010 and 26/11/2010.
The Principal District and Sessions Judge, Ahmedabad Rural will also depute an Officer not below the rank of the Deputy Registrar to remain present at the time of conducting the brain mapping test of the applicant - accused.
It is, however, clarified that lawyer of the applicant-accused and the concerned Officer deputed by the Sessions Court will not cause any interference while conducting the test of the applicant-accused.
3. It is clarified that the present order is passed in the peculiar facts and circumstances of the case and this order will not be treated as a precedent.
4. The Registry is directed to communicate this order to the District & Sessions Court, Ahmedabd Rural through telephone for compliance and the learned Additional Sessions Judge, Viramgam. The Office of the Public Prosecutor, High Court of Gujarat will also inform the office of the DGP and Police Inspector, LCB Sarkhej, Ahmedabad Rural for onward action.
5. With the above, the application stands disposed of accordingly. Direct Service permitted today.
(K S JHAVERI, J.) sompura Top
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Purshottambhai vs State


High Court Of Gujarat

19 November, 2010