R/CR.A/338/2004 ORDER DATED: 09/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 338 of 2004 ========================================================== STATE OF GUJARAT Versus HARUN ABDUL MAJID DAV ========================================================== Appearance: MR JAY MEHTA, APP for the Appellant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 09/07/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. We have heard Mr. Jay Mehta, learned APP for the appellant-State. 2. The State has filed this appeal challenging the order dated 29.12.2003 passed by Special Judge (POTA), Ahmedabad. The said order was passed below Exh.170 in POTA Case No.1 of 2003 to 6 of 2003 and 15 of 2003. 3. It is the case of prosecution that, the Investigating Officer of C.R. No. I - 9 of 2002 of Godhra Railway Police Station had submitted a report dated 12.11.2003 through R/CR.A/338/2004 ORDER DATED: 09/07/2025 Special Public Prosecutor before the Special Court, City Sessions Court, Ahmedabad requesting to replace the name of Harun Abdul Majid Dav instead of Harun Abdul Hamid Dav, shown in column no.2 of absconding accused in all the chargesheets submitted before the trial court. 4. After hearing the parties, the Special Court was pleased to reject the application, inter alia, observing that, “It is open to the investigating agency u/s 169 of Cr.P.C. to file a report in that regard and as far as request for impleading Harun Abdul Majid Dav as the accused in the present form cannot be simply acceded to.” The Court has further observed that, “such request can be made independently and if the court on due satisfaction finds any substance and if permissible under the law at the relevant point of time in an appropriate application, the same may be considered by the Court.” 5. In view of the aforesaid liberty and observation made by the Special Court (POTA), we do not find any infirmities in the impugned order and there is no any breach and/or R/CR.A/338/2004 ORDER DATED: 09/07/2025 violation of the mandatory provisions as referred in the order. In such circumstances, reserving liberty in favour of the Investigating Agency to approach the court concerned as observed by the trial court, the present appeal stands dismissed. (ILESH J. VORA,J) (P. M. RAVAL, J) TAUSIF SAIYED Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2025 17:16:11