R J LAKHIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the very outset I must thank Mr. K. J. Shethna who has represented the Bar Council of Gujarat having regard to the peculiar facts and circumstances of the case.

(2.) By the impugned order the learned Additional Sessions Judge Court No. 11 Ahmedabad City directed that the petitioner R. J.Lakhia a practising Advocate should be produced before him by issuing summons to him and he further directed that he should stand his trial together with three accused persons for the commission of the offences of cheating and conspiracy with original accused Nos. 1 2 and 3 of Sessions Case No. 84 of 1981 of the court of the learned City Sessions Judge Ahmedabad.

(3.) When this matter was called out for hearing and final disposal I had an anxious look at Mr. A. J. Patel the learned Public Prosecutor who was in-charge of the matter on behalf of the State of Gujarat and I am happy to state that at the very outset of the hearing of this application he made an admirable statement that the impugned order could not be even countenance by him. I may also add at this very stage that it was the attitude of the Bar Council of Gujarat that the impugned order should be set aside.