STATE OF GUJARAT Vs. RATILAL UTTAMCHAND MORABIA

JUDGEMENT

(1.) .This Criminal Application has been directed against the orders pronounced by the learned Sessions Judge, Kachchh at Bhuj in Criminal Miscellaneous Application No. 193 of 1988 dated 24-11-1988, staying the further proceedings of the Criminal Case No. 12 of 1988 pending on the file of the learned Sub-Divisional Magistrate, Anjar-Kachchh. The present petitioners are the Original-opponents while the present opponent is the Original-petitioner.

(2.) . The facts and circumstances under which the present Criminal Application arises may be noticed thus : One Ratilal Morabia, who figures as the Opponent in the present proceedings was the opponent in the proceedings before the learned Sub-Divisional Magistrate, Anjar-Kachchh in Criminal Case No. 12 of 1988. He had moved the application for transfer before the learned Sessions Judge, Kachchh-Bhuj, which was registered as Criminal Miscellaneous Application No. 193 of 1988. It appears that certain remarks were called from the learned Sub-Divisional Magistrate, Anjar vide Ex. 7, but instead of submitting the remarks therein, the learned Sub-Divisional Magistrate, had stated that the application for transfer was not maintainable and could not have been heard by the learned Sessions Judge. Ultimately, the application at Ex. 4 for staying of the further proceedings was submitted on behalf of the present opponent. The above said application came to be allowed by the orders dated 24-11-1988, pronounced by the learned Sessions Judge, Kachchh-Bhuj. Being aggrieved and dissatisfied with the above said orders, that the present Criminal Application has been filed by the petitioners.

(3.) . Mr. K. T. Dave, the learned A.P.P. appears on behalf of the petitioners while the opponent has been represented by the learned Advocate Mr. J. G. Shah.