SANJIV RAJENDRABHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition filed under Article 227 of the Constitution of India read with Sec. 482 CrPC this Court is called upon to decide the challenge made by the petitioner to an interlocutory order dtd. 13/6/2023 passed by the presiding judge i.e. 3rd Additional Sessions Judge & Special Judge (N.D.P.S. Act, B. K. District) in Special (N.D.P.S.) Case No. 3 of 2018 below Exh.728, Exh.731 and Exh.738 during an on going trial. For ready reference the prayers made in the instant petition are extracted below:-

(2.) The petitioner has placed all these three applications and order passed below it, on the record of this case. A perusal of the said applications made vide Exh.728, Exh.731 and Exh.738, reveals, that except Exh 728, all the other applications, made by the petitioner are in nature of applications either seeking modification, review and/or setting aside of the earlier orders passed by the presiding judge during the course of the trial. In Exh. 731, modification of remarks made earlier by the special judge vide his order dtd. 26/4/2023 passed below Exh.722 is sought. In Exh.738 prayer is made to virtually set aside the order passed below Exh.723 by the same court on the ground of alleged procedural irregularity.

(3.) Before proceeding further, it may be noted that this court vide a separate detailed judgement pronounced today in Special Criminal Application 7646 of 2023 has with reasons, rejected irresponsible and scandalous allegations of bias and malice levelled by the petitioner against the presiding judge conducting the trial. In the said Special Criminal Application, the petitioner had challenged the order dtd. 8/6/2023 passed by the Principal District and Sessions Judge, Banaskantha at Palanpur in Criminal Misc. Application No. 299 of 2023, seeking transfer of Sessions Case No.3 of 2018 from the court of presiding judge to the Court of Senior most Additional Sessions Judge, Banskantha at Palanpur virtually at the fag end of the trial. The issue of whether the rejection of petitioner's applications made vide Exh.728, Exh.731 and Exh.738 was due to malice or bias harbored by the presiding judge is also considered therein as they were cited as instances for seeking the transfer of the present trial from the presiding judge to any other judge, preferably the senior most Add. Session judge.