R/CR.RA/298/2025 ORDER DATED: 18/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 298 of 2025 ========================================================== RAHUL JAYNTIBHAI PATEL Versus STATE OF GUJARAT ========================================================== Appearance: MR A A ZABUAWALA(6823) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 18/09/2025 ORAL ORDER 1. Rule. Learned APP waives service for the respondent No.1. 2. Today, when the matter is called out, none remained present for the applicant. The present application is taken up for hearing solely on the basis of the material on record. 3. The present petition has been filed by the applicant, challenging the impugned order dated 07.01.2025 passed in Sessions Case Nos. 199, 200, and 216 of 2020 by the 3rd Additional Sessions Judge, Kachchh at Bhachau, below Exhibit 999. By way of the impugned order, the Court allowed an application filed by the Police Sub-Inspector, Gandhidham Railway Police Station, permitting the prosecution to send a copy of the CCTV footage from Samakhiyali Toll Gate, recorded on R/CR.RA/298/2025 ORDER DATED: 18/09/2025 08.01.2019 from 00:55 hours to 01:05 hours, to the Forensic Science Laboratory (hereinafter referred to as “FSL”) for examination and opinion. The application was filed following the discovery that the original DVD, previously sent to FSL, was cracked and damaged, as reported by FSL on 24.03.2021, rendering it unfit for analysis. The Court, while granting the request, directed the prosecution to expedite the process and provide the FSL report to the defense, ensuring the defense ample opportunity to cross-examine witnesses and challenge the authenticity and reliability of the evidence during the trial. 4. It transpires that, while acceding to the request tendered by the investigating officer to send the DVD to the FSL for examination, the Court noted that the original DVD already sent was damaged and cracked. Therefore, at the request of the FSL, the investigating officer sought permission from the Court before sending an additional copy. The Court, while considering all the pros and cons and after evaluating the objections raised by the applicant, reserved the applicant’s liberty to cross-examine the witnesses and challenge the authenticity and legality of the evidence during the course of the trial. Thus, due care appears to have been taken by the 3rd Additional Sessions Judge while considering the request of the investigating officer, and the defense’s concerns have been adequately addressed. 5. Therefore, in view of the aforesaid and without dwelling much into other aspects, which otherwise have no nexus with the R/CR.RA/298/2025 ORDER DATED: 18/09/2025 present revision application, this Court finds the application devoid of merits. The reasoning assigned by this Court shall be confined to the present application only and shall not preclude any party from raising their contentions, which will be dealt with by the 3rd Additional Sessions Judge without being influenced by the order passed by this Court. 6. In view of the aforesaid, the present Criminal Revision Application is dismissed. Sd/- . (R. T. VACHHANI, J) MVP/45 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 22/09/2025 14:52:17