PRAVINBHAI PURSHOTTAMDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.S.V. Raju, learned counsel appearing with Ms.Saita S. Raju for the petitioners; Mr.P.A. Jadeja, learned counsel appearing for the respondent no.1-orig.complainant and Ms.N.V. Joshi, ld.APP, appearing on behalf of the respondent-State.

(2.) Rule. The formal service of Rule is waived by Mr.P.A. Jadeja on behalf of the respondent-Complainant and Ms.N.V. Joshi, ld.APP, on behalf of the respondent nos.1 and 3. The Rule is fixed forthwith on consent.

(3.) By way of this petition, the petitioners have challenged the legality and validity of the order dated 21st April, 2005, invoking jurisdiction of this Court under Article 226 of the Constitution of India r/w. Section 482 of the Code of Criminal Procedure that the impugned order granting police remand for five days is bad and violative of constitutional guarantee flowing from Article 21 of the Constitution of India.