LAWS(GJH)-2004-4-19

JAYRAJSINH TEMUBHA JADEJA Vs. STATE OF GUJARAT

Decided On April 30, 2004
JAYRAJSINH TEMUBHA JADEJA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Mr.Kogje, learned APP waives service of rule for the respondent - State.

(2.) By filing this petition, the petitioners have prayed for the direction for quashing and setting aside the judgment and order dated 22.04.2004 passed by the learned Additional Sessions Judge at Gondal in Criminal Revision Application No.25 of 2004 whereby the learned Additional Sessions Judge partly allowed the Criminal Revision Application preferred by the State.

(3.) The petitioners are the accused who have been arrested in connection with the offence being C.R.No.I 25 of 2004 lodged with Gondal Police Station. The petitioners were arrested on 28.03.2004 in connection with the aforestated offence and they were produced before the learned Chief Judicial Magistrate at Gondal on 29.03.2004. At the time when the petitioners were produced before the learned Chief Judicial Magistrate, the remand application seeking fourteen days remand of the petitioners was preferred. Learned Chief Judicial Magistrate, Gondal vide order dated 29.03.2004 was pleased to grant two days remand to police custody of the petitioners i.e. till 31.03.2004. Further on 31.03.2004, the accused were produced before the learned Magistrate and further remand of seven days was asked for. The learned Chief Judicial Magistrate vide order dated 31.03.2004 was pleased to reject the said application. Against the said order of rejecting further remand for a period of seven days of the petitioners, the respondent preferred revision application before the Sessions Court being Criminal Revision Application No.25 of 2004. As stated above, the learned Sessions Judge vide his order dated 22.04.2004, partly allowed the revision application. It is this order which is challenged under this petition at the instance of the petitioners.