LAWS(GJH)-2022-9-206

JAYENDRASINH ANOPSINH PADHIYAR Vs. STATE OF GUJARAT

Decided On September 16, 2022
Jayendrasinh Anopsinh Padhiyar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of filing present petition, the petitioner has challenged the legality and validity of the order dtd. 14/06/2022 passed by learned Sessions Judge, Bhuj-Kutch in Sessions Case No.43 of 2021 below Exh.38 and requested to quash and set aside the said order and further requested to stay the implementation, operation and execution of the the said order as well as further proceedings of Sessions Case No.43 of 2021 qua the present petitioner.

(2.) Brief facts of the case are that pursuant to FIR being CR No.11205032210048 of 2021 is registered with Mundra Police Station for the offences punishable under Ss. 302, 343, 326, 330, 331 and 114 of the Indian Penal Code read with Sec. 135 of the GP Act, present petitioner has been arrested. Prayer for bail of the petitioner is also not considered by this Court as also by the Hon'ble Apex Court.

(3.) Mr. Ashish Dagli, learned advocate for the petitioner submitted that application of the petitioner seeking discharge came to be rejected by the court below without considering the material on record and without dealing with the legal question raised for its consideration about want of sanction as required. Learned advocate for the petitioner submitted that petitioner sought interim relief but the same was not granted.