STATE OF GUJARAT Vs. NAREBDRASINH H RAJ

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner State of Gujarat has prayed for an appropriate order quashing and setting aside the impugned order dated 28.3.2007 passed by the learned Additional Sessions Judge, Vadodara passed in Criminal Revision Application No. 67 of 2007.

(2.) At the outset, it is to be noted that this Court issued Rule in the present proceedings on 2.7.2007 making it returnable on 16th July, 2007. Thereafter, again this Court passed an order on 16.7.2007 to issue fresh Notice of Rule upon the respondent making it returnable on 26th July, 2007 and Direct Service was permitted. On 26.7.2007 one Shri A.B.Acharya, learned advocate submitted that he has instructions to appear on behalf of the respondent and he prayed for time and accordingly, this matter was adjourned to 30th July, 2007. On 30.7.2007, Shri A.B.Acharya, learned advocate submitted that he has not received Vakalatnama on behalf of the respondent and he again prayed for time and accordingly, this petition was adjourned to today. Today, neither Shri A.B.Acharya, learned advocate has filed Vakalatnama / has appeared nor any other arrangement is made for the respondent and thus, though served, nobody appears on behalf of the respondent. Under the circumstances, this Court has no other alternative but to proceed further with the present petition ex-parte.

(3.) A criminal complaint is filed against the respondent in the Court of learned JMFC, Karjan being M Case No. 15 of 2006 for the offence punishable under sections 409, 420, 426, 506(2), 120(B) and 114 of the IPC and the learned trial Court passed an order for inquiry under section 156(3) of the Criminal Procedure Code and directed the Police Officer of Karjan Police Station to hold the inquiry under section 156(3) of the Criminal Procedure Code. During the course of the investigation, the Investigating Officer submitted an application before the learned JMFC, Karjan for granting police remand of the respondent and the learned JMFC, Karjan by order dated 19th March, 2007 passed an order of granting 15 days remand of the respondent upto 2.4.2007. Being aggrieved and dissatisfied with the order passed by the learned JMFC, Karjan dated 19.3.2007 in handing over the custody of the respondent original accused to the police and allowing the application for remand, the respondent herein preferred Criminal Revision Application being Criminal Revision Application No. 67 of 2007 before the learned Sessions Court, Vadodara which came to be heard, decided and disposed of by the learned Additional Sessions Judge, Fast Track Court No.5, Vadodara, who by his order 28.3.2007 partly allowed the said Criminal Revision Application and granted police custody of the respondent only upto 29.3.2007 i.e. the remand of the respondent only for a period of one day. Being aggrieved with the judgment and order passed by the learned Additional Sessions Judge, Fast Track Court No.5, Vadodara dated 28.3.2007 passed in Criminal Revision Application No. 67 of 2007, the petitioner State of Gujarat has preferred present petition under Articles 226 and 227 of the Constitution of India.