AMBADAN HIMATDAN PAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent - State.

(2.) By way of this petition under Article 227 of the Constitution of India read with Ss. 167(2) and 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioner has challenged the order dated 24.8.2012 passed by the learned Chief Judicial Magistrate granting remand of the petitioner for a period of 3 days in connection with the FIR bearing CR No. I -100/2012 registered with Bhuj Taluka Police Station for the offence punishable under Ss. 465, 467, 468, 471 and 120B of the IPC as well as the order dated 18.9.2012 passed by the learned 7th Additional Sessions Judge, Bhuj -Kutch in Criminal Misc. Application No. 58 of 2012.

(3.) At the outset, it deserves to be noted that by an order dated 18.9.2012 passed by the learned 7th Additional Sessions Judge, Bhuj -Kutch in Criminal Revision Application No. 58 of 2012, the order of remand was stayed till 17.10.2012. It appears that this Court (Coram: R.H. Shukla, J.) was pleased to issue notice on 12.10.2012 making it returnable on 15.10.2012 and thereafter, the following order was passed by this Court (Coram: K.M. Thaker, J.): - -