In a recent ruling by the Gujarat High Court, a revision application was dismissed in a case involving allegations of fraudulent loan availing. The petitioner sought charge-sheet papers, which were previously provided during the framing of charges in 2008. The court rejected the petitioner’s plea, citing the lack of merit and potential delay tactics. Stay updated on the latest legal developments in this case. #LegalCase #CourtJudgement #GujaratHighCourt
Facts
- An FIR was registered alleging accused persons took loans in the name of bank employees for construction purposes.
- Accused also availed overdraft facilities using fraudulent documents in the names of bank employees and their relatives.
- Investigation was conducted, charge-sheet filed, and a criminal case registered.
- The petitioner sought charge-sheet papers which was rejected by the court below, leading to this revision application.
Arguments
- The petitioner, represented by Senior Advocate Mr. I H Saiyed and Ms. Zeal Shah, argues that the petitioner has not been provided with all the documents he requested in the criminal case charge-sheet.
- Referring to a relevant court decision, the petitioner’s counsel emphasizes that the court should ensure the accused receives all materials, including statements and documents not relied upon by the prosecution.
- The APP representing the state claims that the petitioner was given the charge-sheet papers before the framing of charges by the trial court, and therefore, the current application lacks merit and is an attempt to delay the trial.
- The petitioner’s counsel cites two previous orders by a co-ordinate Bench to support the argument that the impugned order is fair and legally sound, suggesting that the Court should not intervene.
Analysis
- The accused admitted receiving the police papers at the time of framing of charges in 2008.
- An application for certified copy of the entire record was made in 2019 but did not include the chargesheet papers.
- The accused’s attempt to delay the trial by questioning the non-receipt of police papers after 15 years is not valid.
- The petitioner did not show any special circumstances to directly approach the court instead of the Sessions Court.
- The High Court ordered to hear and decide the case at the earliest, hence the accused requested for the charge-sheet papers.
- The trial court rejected the accused’s application as they were already provided with the charge-sheet papers in 2008.
- The accused’s plea for charge-sheet papers in the prayer clause contradicts with the recorded fact that they were already given the papers.
- The court referred to judgments of Bombay High Court and Kerala High Court
- The court observed points 15 to 17 from the referred judgments in paragraph 15 to 17
- Revision lacks merit.
- No reason to entertain the revision.
- Court finds no single reason to consider the revision.
Decision
- Revision application is dismissed due to being filed after the order has been passed, potentially to delay the trial.
Case Title: RAMESHCHANDRA LAHERCHAND SHAH Vs. STATE OF GUJARAT
Case Number: R/CR.RA/619/2024
