MEERABEN W/O MANU VASAVA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Before the learned Advocate for the petitioner starts her argument, learned Additional Govt. Pleader, Mr. S. J. Dave, has raised a preliminary objection that as the petitioner has prayed for issuance of Writ of Habeas Corpus, the matter is required to be dealt with by the Division Bench in view of provisions contained in sub-Rules (10) of Rule 2 under Chapter 1 of Part 1 of the Gujarat High Court Rules, 1993 because this Court being a Single Judge has no jurisdiction to try and entertain this petition and, therefore, he has requested that the present petition be referred to the Division Bench.

(2.) Ms J. C. Bhatt for Mrs. Madhuben Sharma, learned Advocate for the petitioner, has mainly argued that same point has been decided by the Division Bench of this Court in a case of Bhanubhai Nagjibhai Patel V/s. State of Gujarat, 1996 1 GLH 554. According to her, the Division Bench of this High Court has categorically held that matter as it stands on today, only Single Judge can hear and finally dispose of the matter as per sub-Rule (11) of Rule 2 under Chapter 1 of Part 1 of the Gujarat High Court Rules, 1993 .

(3.) Mr S. J. Dave for the State has contended that by the judgment of the Division Bench of this Court, the whole controversy is not over and, therefore, matter is required to be referred to the Division Bench.