LAXMANDAS VISHANDAS SAHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable today. Learned APP Shri Purjari appears and waives service of notice of rule on behalf of respondent State and learned advocate Shri Rajkumar Chamal appears and waives service of notice of rule on behalf of respondents. With their consent, this matter is being heard and decided.

(2.) THIS Application is preferred challenging the order of the learned Addl. City Sessions Judge, City Sessions Court No. 14, Ahmedabad in Criminal Misc. Application No. 3970 of 2011 passed on 15th October 2011. The Opponent nos. 2 & 3 are the accused in a complaint being I-C.R No. 599 of 2011 lodged before Naroda Police Station for the offences punishable under Sections 467, 468, 471, 406, 114, 294B & 506 (2) & 120B IPC.

(3.) LEARNED advocate appearing for the opponents urged that the two other cases being 307 of 2011 & 398 of 2011 against these opponents are in respect of the lands which are prior to the present case and I. CR.I-18/2011 has been quashed by the High Court. Reliance is placed on the following two authorities to hold that there is sufficient safe guard incorporated by the High Court in respect of apprehensions raised by the petitioner : [1] Maulana Mohammed Amir Rashadi v. State of Uttar Pradesh & Anr., reported in [(2012) 1 SCC (Cri) 681]; [2] Decision of this Court [Coram : Rajesh H.Shukha, J.] in case of State of Gujarat v. Babu alias Babu Bajrangi Rajabhai Patel [Cri. Misc. Application No. 8675 of 2010 :: Decided on 26/12/2011].