PRAVINBHAI KIKUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Zubin Bharda learned counsel for the petitioner and Mr.Kurven Desai learned AGP for the respondents - State.

(2.) Challenge in this petition is to the order of dismissal dtd. 10/7/2018 passed by the respondents.

(3.) Mr.Zubin Bharda learned counsel for the petitioner would challenge the order of dismissal on the ground that the order has been passed despite an appeal against the judgement of conviction in the Criminal Appeal No.40 of 2018 pending before the learned Principal District and Sessions Judge, Navsari. He would submit that the order of learned Chief Judicial Magistrate has been suspended on 1/8/2018. That itself is a ground on which the order of dismissal on the ground of conviction should be interfered with. He would argue on merits with regard to the legality of the conviction. That is an issue which can only be decided in pending the appeal.