PREMKUMAR R DANGER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As per present roster the Office first place this Revision Application before C.K.Buch, J. on 8.4.2002 for admission. When this matter was placed before C.K.Buch, J., learned Counsel Shri Gharaniya appearing for the present petitioner - complainant, submitted that the averments made in the Application refers and also interprets the effect of the order passed by this Court (Coram : B.J.Shethna, J.) in the month of June, 2001. According to Shri Gharaniya the order passed by this Court on 25.6.2001 had not given rise even to file an application for discharge.

(2.) In view of the aforesaid submission made by Shri Gharaniya before C.K.Buch, J., His Lordship, without going into the merits of the mater and in reference to the averments made in the Application, directed the Registry to place this matter before the appropriate Court. Accordingly, this matter is placed before this Court.

(3.) Learned Counsel Shri Gharaniya for the petitioner - original complainant took me through my order dated 25.6.2001 passed in Criminal Miscellaneous Application No.1062 of 2001 and submitted that when the respondent accused filed Application before this Court the parties i.e. accused and the complainant were negotiating in the mater to settle it. Instead of that without making any further efforts of settling the matter the accused straightway filed an application before the learned Special Judge to discharge him for the offences u/s.506, 114 I.P.Code and Section 3(1)(x) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act"). He, therefore, submitted that such an application was not maintainable before the learned Judge. Therefore, on this ground alone the impugned order dated 29.11.2001 passed by the learned Addl. Sessions Judge, Kutch at Gandhidham, in Special Case No.14 of 2001 discharging the accused without framing the charge against him for the aforesaid offences be quashed and set aside.