ASHWINKUMAR NAVNITLAL DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A short question has been referred for the decision of the Full Bench. The said question is as to whether this revision application should be placed for final hearing before a learned single Judge of this Court or whether it should be heard by a Division Bench of this Court.

(2.) In order to appreciate the background giving rise to this question it is necessary to note a few relevant introductory facts.

(3.) The petitioner is the original accused in Criminal Case No. 2173 of 1982 on the file of the learned Judicial Magistrate First Class Surendranagar. He was charged with the offence under Sec. 420 read with Sec. 109 I. P. Code. After trial he was convicted by the learned trial Judge and was sentenced to undergo R. I. for four years and to pay a fine of Rs. 10 0 in default to undergo further R. I. for one year. That order was passed on 9-6-1983. As the said order was appealable under Sec. 374 (3) of the Code of Criminal Procedure 1973 to the Court of Session the petitioner preferred and appeal against the order of the learned trial Judge to the Sessions Court of Surendranagar. she said appeal was heard by the learned Sessions Judge who dismissed the same on 23-11-1983. It is thereafter that the petitioner came to this Court by way of the present criminal revision application under Sec. 397 read with Sec. 431 of the Code of Criminal Procedure. This revision application was placed for admission hearing before a Division Bench of this Court (Coram: V. V. Bedarkar and M. B. Shah JJ.). It was admitted and the petitioner was ordered to be released on bail on conditions mentioned in the order. Thereafter this revision application reached final hearing before another Division Bench of this Court consisting of D. H. Shukla and (one of us) A. P. Ravani JJ. The said Division Bench was prima facie of the view that the revision application as per the Appellate Side Rules 1960 should be placed for final hearing before a learned single Judge. However as there was an earlier decision of another Division Bench of this Court (Coram: V. V. Bedarkar (as he then was) and M B. Shah JJ ) in Criminal Revision Application Nos. 183 222 254 and 259 of 1983 dated 30-11-1983 taking the view that Criminal Revision Application against conviction and sentence of more than three years should be placed before a Division Bench for disposal and with which view the Division Bench taking up this Criminal Revision Application for final hearing was unable to agree the present reference has been made to a larger bench by reference order dated 26-6-1986.