ASHWINKUMAR CHANDULAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent No.1, State of Gujarat and Mr. Y.M. Thakkar, learned advocate waives service of notice of rule on behalf of respondents No.2 and 3.

(2.) HAVING regard to the facts of the case and by consent of the learned advocates for the parties, the matter is taken up for hearing today.

(3.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner challenges the order dated 5th October, 2007 passed by the learned Chief Judicial Magistrate, Godhra below Exhibit -3 in Criminal Case No.2826 of 2004, whereby the application seeking further investigation under section 173(8) of the Code of Criminal Procedure, 1973 (the Code) in connection with the offence registered vide C.R. No. I 75 of 2004 with Godhra Town Police Station, has been rejected.