GAMBHIRSINH ASHABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Bhargav Bhatt, the learned advocate appearing for Mr. Rajesh Dewal, the learned advocate appearing for the writ-applicant, Mr. Hemant Makwana, the learned advocate appearing for Mr. D. H. Kanthariya, the learned advocate appearing for the respondent No.3 and Mr. Dhawan Jayswal, the learned APP appearing for the respondent No.1.

(2.) The matter was heard at length. Mr. Bhargav Bhatt, the learned advocate appearing for the writ-applicant does not press present writ-application to avail statutory the remedy by filing an appeal under the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act , 1989. Mr. Bhatt, the learned advocate submitted that after filing of the present writ- application charge came to be framed against the writ- applicant herein in the year 2021.

(3.) The Special Criminal Application was pending before this Court and this Court had granted interim relief in the nature of no coercive action. If the writ-applicant herein seeks to avail the alternative remedy available to him, for the period the writ-application was pending before this Court, the same shall not be considered while calculating the period of limitation for considering the case of the writ-applicant and it would be opened for the writ-applicant to take all the contentions as available to the writ-applicant in accordance with law.