KANDHAL SARMAN JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned Single Judge of this Court (Her Ladyship Ms. Justice Harsha N. Devani) while hearing Special Criminal Application No.1590 of 2009, directed against the order dated 01.08.2009 passed by the Additional Sessions Judge and 2nd Fast Track Court, Rajkot, below Applications Exhs:12, 14, 15, 18 and 22, preferred by the accused in Criminal Revision Application No.100 of 2009, framed the following questions for consideration and opinion of a Division Bench - Larger Bench : -

(2.) The learned Single Judge directed the Registry to place Special Criminal Application No.1590 of 2009 before the Hon'ble Chief Justice for appropriate orders. The Hon'ble Chief Justice has referred the matter to us and accordingly, this reference has been placed before us for our consideration.

(3.) Having regard to the nature of the issues involved, we deem fit and proper to first take up Question No.3 and answer accordingly, as the answer to this Question No.3 will have a direct bearing on the other questions.