(Arun Mishra and S. Abdul Nazeer, JJ.)
Nitinchandra Somnath Raval _________________________ Appellant;
v.
State of Gujarat and Another ______________________ Respondent(s).
Criminal Appeal No. 1426 of 2017, decided on July 16, 2018
The Order of the court was delivered by
Order
1. Heard the appellant, who is appearing in-person, and learned counsel for the State.
2. Investigation has been completed and charge-sheet has been filed, as submitted by the appellant, as against two of the persons, namely, Sanjay Shah and Yagnesh Vyas, only and name of one of the accused has been dropped from the charge-sheet. The appellant has objection to the said aspect. Hence, it would be open to the appellant to file a protest petition before the concerned Court in accordance with law. In case such a prayer is made before the trial court, the same shall be considered and decided. As charge-sheet has been filed and Sanjay Shah and Yagnesh Vyas have also been arrested, we find no further ground to interfere in the matter at this stage. It would be open to the appellant to raise all the grievances before the concerned court. Any observation made by the High Court in the impugned order1 shall not come in the way of his agitating the matter independently before the trial court.
3. The question of prosecution of Mr. M.N. Bhaumik is also left open to be agitated before the appropriate court in appropriate proceedings.
4. The appeal and all pending applications stand disposed of accordingly.
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1 Nitinchandra Somnath Raval v. State of Gujarat, Special Criminal Application No. 9197 of 2016, order dated 30-3-2017(Guj)
