VINODRAY PRAGJIBHAI REVESHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . By this petition under Article 226 of the Constitution of India, the petitioner is praying for direction to the respondent to appoint either Advocate Shri Mohanbhai Sayani or Advocate Shri Kamalbhai Sonpal as Special Public Prosecutor to conduct Sessions Case No.34 of 2000 pending trial in the Court of the Additional Sessions Judge, Rajkot District at Gondal.

(2.) . The facts of the case are that the petitioner is residing in Morbi town of Rajkot District. He lodged a comlaint bearing No.CR No.319 of 1999 on 16.9.1999 in Morbi Town Police Station against three unknown accused persons and other accused persons who might be found during the course of the investigation for the offence punishable under Section 302 read with Section 120-B of the IPC. After registration of the complaint as aforesaid, the investigation was undertaken by the police and during the course of investigation many other facts came to the knowledge of the police and some other persons were found to have been involved in this incident. As per the knowledge of the petitioner, eight persons were arrested and have been chargesheeted by the investigation officer including a sitting MLA of Morbi -Maliya Constituency of the ruling party, Bharatiya Janata Party. Another person was a candidate of BJP who had contested for Gujarat Legislative Assembly from Chotila Constituency but was not elected.

(3.) . The chargesheet has already been submitted in the case and the learned Judicial Magistrate concerned has committed the same to the Sessions Court for trial. The present case is pending trial in Court of Additional Sessions Judge, Rajkot District at Gondal, as stated earlier.