YOGESH BHATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE common facts and law are involved in both the petitions, they are disposed of by this common judgment.

(2.) BY way of these petitions, the petitioners seek to challenge the order dated 06.02.2009 passed by learned Additional Principal Judge, City Civil and Sessions Court, Ahmedabad in Criminal Revision Application No.333 of 2008 and Criminal Revision Application No.334 of 2008. The petitioners further seek to challenge the order dated 18.11.2008 passed by the Chief Metropolitan Magistrate Court, Ahmedabad.

(3.) AFTER notice, State has caused appearance and contested these petitions by filing affidavit-in-reply duly sworn by Parixita V.Rathod, Deputy S.P., CID Crime, Gandhinagar Zone. In this affidavit, complete history of the case has been given and at page-134, para-4.9, it has been mentioned that during the course of investigation, certain details about the functioning of the Ashram were sought for and necessary statements were also recorded. The petitioners were 'Sadhaks' of the Ashram and knowing internal functioning, as such their statements were necessary and vital piece of evidence for progress of investigation. The Investigating Officer moved an application seeking permission for their Narco Test.