NAGARJIBHAI K NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These matters have been placed at Sr. No.2 of urgent final hearing. As per endorsement made on the cause list they are placed today for 48th time. When the matters were called out at 11.30 a.m. a request was made by learned Shri A.I.Pathan for Shri B.S.Patel for the applicant-accused that Shri Patel has filed sick note therefore the matter may be adjourned.

(2.) The aforesaid request of Mr.Pathan was rejected because firstly sick note does not count in criminal matters and secondly these matters are of 1996 wherein interim relief is granted, whereby further proceedings in criminal case filed before the trial court against the applicant-accused in both these matters are stayed.

(3.) From the order sheet of Misc. Criminal Application No.4102 of 1996 it appears that when these matters were placed before my learned Brother H.H.Mehta, J. on 24.4.2001 at the fag end of the day Shri B.S.Patel, learned advocate sought time and accordingly it was adjourned to 21.6.2001 i.e. after summer vacation. However, due to some or other reason it was not placed on 21.6.2001 and today i.e. on 3.7.2001 it is placed for final hearing.