The State has filed this Revision Application and has prayed as under :-
(b) Your Lordships may be pleased to quash and set aside the order dated 20.12.2011 passed in Sessions Case No.186 of 2009 by learned 5th Additional Sessions Judge, Panchmahal, Godhra and further to grant permission to give exhibit numbers to documents produced at Mark 'A' and 'B'.
(c) Pending admission, final hearing and direction of this application, Your Lordships may be pleased to stay the execution, operation and implementation of the order dated 20.12.2011 passed in Sessions Case No.186 of 2009 by learned 5th Additional Sessions Judge, Panchmahal, Godhra."
The facts of the present case are that the accused persons are charged for the offence punishable under Sections 489(B)(C) and 120(B) of the Indian Penal Code and under Sections 13 and 17 of the Unlawful Activity Act, 1967 in Sessions Case No.186 of 2009. During the course of trial, an application was made on 20.12.2011 seeking permission to give exhibit number to the documents produced at Mark 'A' and 'B' during the cross-examination of defence witness No.1 which has been admitted by him.
The said application came to be opposed by the accused. After having heard both the sides, by order below Ex.144 and 145 in Sessions Case No.186 of 2009 dated 20.12.2011 passed by the learned 5th Additional Sessions Judge, Panchmahal, Godhra, rejected the said application.
Heard Mr.H.L.Jani, learned APP for the applicant - State, Mr.Arsh Shaikh, learned advocate for the respondent Nos.1 to 4 and 7, Ms. Mariya M. Dalal, learned advocate for respondent No.5 and Mr.Y.M.Thakkar, learned advocate for the respondent No.6.
During the hearing of this Revision learned advocates for the respondents submit that in light of the obserations made in the case of Bipin Shantilal Panchal Vs. State of Gujarat, reported in (2001)(2) GLH 545, if the documents produced at Mark 'A' and 'B' are exhibited then they have no objection.
In view of above statement, Mr.Jani seeks permission to withdraw this application. Permission as prayed for is granted. This application stands disposed of as withdrawn.
(Z. K. SAIYED, J.) kks Top