VISHALBHAI VALLABHHAI MADAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. H. L. Jani waives service of rule for the respondent State.

(2.) The present petition has been filed by the petitioner-original accused under Articles 14,19, 226 & 227 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure for the prayer that the order passed by the Sessions Court, Jamnagar, in Criminal Revision Application No. 67 of 2011 dated 17.9.2011 may be quashed and set aside on the grounds stated in the memo of petition, inter alia, contending that the issue is pending before the Full Bench of the High Court and there are different views expressed by different Benches and therefore the revision itself was not maintainable. It is also contended that the petitioner is not named in the FIR and there is no role attributed to the petitioner except that he has been behind the incident and the charge of conspiracy is levelled.

(3.) Learned Sr. Counsel Mr. ND Nanavaty appearing with learned advocate Mr. Dagli for the petitioner submitted that the petitioner-was arrested on 2.9.2011 and produced before the Magistrate on4.9.2011. Thereafter, an application for remand was made before the trial Court and the same was rejected as per the order passed by the trial court. Thereafter, Criminal Revision Application No. 67 of 2011 was preferred before the Sessions Court for grant of 10 days remand, and the impugned order came to be passed at p. 101 which is under challenge.