JAYDEEPSINH TEJUBHA SOLANKI Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) BY way of this application the applicants have prayed for quashing and setting aside the impugned order of remand passed by Ld. Metropolitan Magistrate Court No. 21, Ahmedabad dated 01.03.2007 in connection with the FIR No. I -2/2007 lodged before the Sabarmati Police Station, Ahmedabad punishable under sections 406, 420, 506(1) and 114 of the Indian Penal Code.

(2.) THE short facts of the case are that a complaint bearing C.R. No. I -02/2007 is lodged before the Sabarmati Police Station, Ahmedabad by one Kamuben wife of Chandulal Chimanbhai Raval. The applicants have preferred Misc. Criminal Application No. 122 of 2007 before the Ld. City Civil and Session Court, Ahmedabad under section 438 of the Cr. P.C. for anticipatory bail. The same was rejected by the Additional Sessions Judge, Court No. 10, Ahmedabad on 11th January 2007. Thereafter, they have filed Misc. Criminal Application No. 540 of 2007 before this Court and the same was allowed by this Court on 09.02.2007.

(3.) LEARNED advocate for the petitioners has submitted that the Ld. Metropolitan Magistrate Court No. 21, Ahmedabad granting the remand of the accused i.e. Petitioner no. 1 and 2 for 4 days is totally illegal without applying his mind and also miscarriage of the legal process of the law and without considering the legal facts and circumstances on record.