The petitioner has filed this successive petition under section 439 of the Code of Criminal Procedure, 1973 in connection with the FIR being CR No.I-102 of 2009 registered with Pradyumannagar Police Station, Rajkot for the offences punishable under sections 302, 450, 188 of the IPC.
It is not in dispute that about 37 witnesses have already been examined and the learned Judge has passed the order re-appreciating certain evidences and the trial is on the verge of completion.
In view of the above, I am not inclined to exercise powers under section 439 of the Code of Criminal Procedure, 1993 in favour of the petitioner.
Accordingly, this petition stands disposed of.
[Anant S. Dave, J.] *pvv Top