VAGHRI DSOLA VAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is filed against the judgment and order passed by the learned Additional Sessions Judge, Bhavnagar in Special Criminal Case No.32 of 1993 (Atrocity) dated 07.01.1995. Mr.D.K.Desai, learned Advocate for the appellants states that appellant No.2 " Vaghri Puniben Dolabhai has expired, therefore, the appeal has abated qua appellant No.2.

(2.) Mr.Desai, learned Advocate for the appellants raised a pure question of law that, 'in the present case, no cognizance could have been taken by the Special Court in view of the provisions of Section 193 of the Criminal Procedure Code ("Code", for short)'. Section 193 of the Code reads as under:

(3.) In the case on hand, it is not in dispute that the Special Court took cognizance of the offence in question directly without the same being committed to it by Magistrate. In view of that, the trial is vitiated due to non-compliance of Section 193 of the Code. The judgment and order recorded in Special Criminal Case No.32 of 1993 (Atrocity) dated 07.01.1995. is hereby quashed and set aside. The appeal is allowed.