LILADHAR HARJIVANDAS SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) An important and interesting question of law as to the interpretation and application of the provisions of Sec. 319 of the Code of Criminal Procedure, 1973 arises in both these petitions. Both the petitions are, therefore, heard together and are being disposed of by this common judgment.

(2.) In Special Criminal Application No. 1151 of 1995, Mr. K. P. Raval, learned Additional Public Prosecutor, waived the service of rule, whereas Mr. H. M. Prachchak, learned Advocate, waived service of rule on behalf of respondent Nos. 2, 3 and 4.

(3.) The aforesaid neat question of law arose as a result of the order dated June 15, 1995 passed by the learned Additional Sessions Judge, Mehsana, Camp at Patan, below Exh. 31 in Sessions Case No. 95 of 1993, whereby the petitioners are ordered to be arraigned as the accused persons along with the accused already arraigned in the said Sessions Case, in the backdrop of the following facts and circumstances. Both the petitioners have questioned the legality and validity of the said order passed by the learned Additional Sessions Judge.