MITESHKUMAR RAMESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the admission stage, since submissions made at length, the matter was heard finally and learned counsels also agreed for final hearing of the matter.

(2.) Learned advocate Mr.Asin Pandya for the applicants, learned APP Mr.K.C.Shah for the respondent No.1 " State of Gujarat and learned advocate Mr.M.A.Bukhari for the respondent No.2 " Shri Ismail U. Vohra, were heard at length.

(3.) The present applicants are amongst the accused of Sessions Case No.199 of 2003 pending before the Court of Sessions i.e. Fast Track Court Judge, at Anand, while respondent No.1 is the State and the respondent No.2 herein is the witness of the said trial and filed an application at Ex.245 on 01.03.2005. It was contended by such application that the investigation was biased in favour of the accused and was defective and hence re- investigation was necessary. It was stated that the persons affected in the incident were robbed of their valuables as well as cash amount, but the said muddamal has not been attempted to be recovered in the said investigation. It was also contended that the Investigating Agency in formal manner inquired from the witnesses and no careful inquiry was made. It was also contended that the statements of witnesses were not recorded as per the say of a particular witness. The investigating agency failed to assess the damage done at the spot. It was alleged that the accused were trying to fabricate false evidence. If, the trial is allowed to proceed further, it would be in the benefit and only in the benefit of the accused. It was also contended further that the witnesses have suffered mental as well as economic loss, even though they have sustained their morale. It was, therefore, urged that the re- investigation in the crime was necessary.