Incriminal revision, the High Court found the impugned order unreasonable due to lack of reasoning. The recall of a witness was not justified. The order was quashed, and the matter remanded for a de novo decision with proper reasons.
Quash and set aside the impugned order. Remand to the lower court to hear parties afresh and assign reasons.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.RA/208/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 208 of 2018
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SAMIRBHAI BABUBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR HARNISH V DARJI(3705) for the PETITIONER(s) No. 1 MR.RUCHIR R JOSHI(7241) for the PETITIONER(s) No. 1 MR. MAULIK M SONI(7249) for the RESPONDENT(s) No. 2 MR KL PANDYA APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI Date : 20/12/2018 ORAL ORDER
Rule. Respondents waive service.
On consideration of the rival contentions, it cannot
be disputed that the impugned order is unreasoned order;
it is not stated as to how the case for recall of the
witness who was already examined is made out by the
accused. The impugned order therefore cannot be sustained
and requires to be quashed and set aside. Accordingly,
ordered. However, matter is remanded to the Court below
for deciding the application afresh. The Court below
will hear the parties and assign the reasons for its
order either allowing or rejecting the application.
Rule is made absolute to the aforesaid extent. No
costs.D.S. is permitted.
(G.R.UDHWANI, J)
SOMPURA
Page 1 of 1
3 issues framed by the court
Whether an unreasoned order granting recall of an examined witness can be sustained in revision.
Whether the appeal court should independently assign reasons for the order below or remand for the same.
Whether the court should act suo motu in absence of a detailed written judgment.
SAMIRBHAI BABUBHAI PATEL
STATE OF GUJARAT
G.R.UDHWANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court