STATE OF GUJARAT Vs. RATILAL LALJIBHAI TANDOL

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr. S. K. Dholakia, the learned Senior Counsel appearing for the appellant-State of Gujarat and Mr. Sushil Kumar, the learned Senior Counsel appearing as amicus curiae to assist the Court in this matter. Certain observations made by the Gujarat High Court in disposing of Criminal Miscellaneous Application No. 2941 of 1995 in Criminal Appeal No. 375 of 1995 (State of Gujarat v. Ratilal Laljibhai Tandol, reported in 1998(1) GLR 260) are impugned in this appeal by the State of Gujarat.

(3.) It has been submitted by Mr. Dholakia that although on the proposal initiated by the Public Prosecutor for preferring an appeal against the order of acquittal the State Government takes the final decision, the State Government has felt that the opinion of the District Magistrate being in overall charge of the district is necessary for taking appropriate decision by the State Government. Our attention has been drawn to the circular dated 23-7-1979 issued by the Legal Department of the Government of Gujarat being Circular No. Cri./Misc./5/78/24289/A2. It has been indicated in the said circular that the District Magistrate who is holding an important position in the district can reflect on several circumstances indicated in the circular in his report so that the Government will have the benefit of the experience and knowledge of the person who is likely to be most conversant with the local conditions and circumstances, which facts could not be shown or suggested by the Public Prosecutor or the Assistant Public Prosecutor.