SHRI RAJESHBHAI MOHANGIRI GOSWAMY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India has been preferred by the petitioner herein ? original accused to quash and set aside the impugned order passed by learned Magistrate of granting remand of the petitioner of seven days in connection with the offence registered as C.R.No.I-293 of 2004 registered with Gandhigram Police Station.

(2.) AT the outset, it is required to be noted that the order of granting remand has been passed by the learned Magistrate in the year 2007 and while issuing the Notice in the present proceedings, learned Single Judge has granted stay of the order passed by learned Magistrate, which has been continued during pendency of the present proceedings since 14/03/2007. It is reported that in the meantime, investigation is concluded and the petitioner is charge-sheeted by the concerned Investigating Officer for the offences punishable under Sections 302, 120(B) and 188 of the Indian Penal Code.