KANTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is one of the accused in one of the post Godhra riot cases. He has challenged an order dated 6.11.2009 passed by the learned Additional Sessions Judge, Mehsana below application exh. 404 in Sessions case No. 275/2002, 120/2008 and 7/2009. In the said application exh. 404, the petitioner had made following prayers :

(2.) Before considering the rival submissions, brief factual background would be necessary.

(3.) As already noted, petitioner is one of the accused in one of the post Godhra riot cases. In large number of such cases since the complaints were made from various quarters regarding faulty and improper police investigation, the Apex Court shortlisted some nine cases of extreme loss of human lives and property. Investigation/further investigation of these cases was handed to Special Investigation Team (SIT for short), ordered to be constituted by Apex Court in its order dated 26.3.2008. Vijapur Police station. Criminal Case No. 46/2002 was one of these nine incidents. Present proceedings arise out of charge-sheets filed by police/SIT in the said Vijapur case.