The present applicant has preferred an application being Cri.Misc.Appln.No.758 of 2011 before the Sessions Court at Nadiad. It appears that without any reason, learned advocate has made an endorsement that applicant is not interested in proceeding with the matter and hence, did not press the same and application was accordingly disposed of as not pressed on 7-1-2012 .
It is an admitted fact that the present applicant is an undertrial prisoner and trial court is in charge of the case. As per the police report, wife of the present applicant is required to undergo operation.
In view of the above, the applicant is directed to file fresh application before the trial court along with medical certificate and the trial court will decide the same within five days from the date of receipt of application on its own merits and in accordance with law without being influenced by the order dated 7-1-2012 passed by the trial court as well as this order.
With the above directions, this application is disposed of. Rule is discharged. Direct service is permitted. Jail report is ordered to be taken on record.
[M.D.SHAH,J.] radhan Top