GIRISHBHAI KARSANBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms.Manisha Lavkumar, learned APP waives service of Rule on behalf of respondent.

(2.) The present application has been preferred seeking writ of certiorari and for quashing and setting aside the order passed by the learned Additional Sessions Judge, Dhangadhra below Exh.83 in Sessions Case No.5 of 2001 dated 4th January, 2005, whereby the application of the present petitioner to examine the doctor as defence witness was not allowed.

(3.) Mr.Hriday C. Buch, the learned counsel for the petitioner has mainly submitted that it is a matter of right vested with the petitioners under Section 233 of the Code of Criminal Procedure ( for short "Cr.P.C.) to examine the witnesses in defence. The present petitioners are not examining the witnesses for nothing but there is specific purpose for examining the witnesses for pointing out discrepancies between the injuries and the weapons collected by the prosecution during the investigation of the case and therefore, the order passed by the learned Additional Sessions Judge, Dhangadhra below Exh.83 in not allowing a Doctor to be examined as defence witness, is dehors the facts and law and deserves to be quashed and set aside.