VITHALBHAI D PANDYA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) CRIMINAL Misc. Application No. 15506 of 2007 is filed by the applicant " third party in Criminal Appeal No. 1324 of 2007 to condone delay of 188 days in preferring the criminal appeal under Section 34 of the POTA, 2002 against the final judgment and order passed by the Special Court (POTA) dated 25. 06. 2007 in POTA Case No. 10 of 2003. Criminal Misc. Application No. 535 of 2008 is filed by the very applicant " third party in Criminal Appeal No. 18 of 2008 to condone delay of 352 days in preferring the criminal appeal under Section 34 of the POTA, 2002 against the order dated 18. 12. 2006 passed by the Special Court (POTA) below Exh. 855 in POTA Case No. 10 of 2003. Criminal Misc. Application No. 534 of 2008 is also filed by the very applicant " third party in Criminal Appeal No. 17 of 2008 to condone delay of 254 days in preferring the criminal appeal under Section 34 of the POTA, 2002 against the order dated 26. 03. 2007 passed by the Special Court (POTA) below Exh. 898 in POTA Case No. 10 of 2003.

(2.) THAT on 26th March, 2003 one Shri Haren Pandya, Ex-Home Minister for the State of Gujarat while going for his morning walk at Law Garden, Ahmedabad City was shot at while parking his car near Law Garden and when removed to the hospital, Shri Pandya was found to have scummed to the said injuries and was declared dead. On the basis of the complaint lodged by Shri Janak Singh Khusal Singh Parmar, FIR being 1st C. R. No. 272 of 2003 was registered at Ellisbride Police Station on 26. 03. 2003 i. e. on the very same day and initial investigation for two days remained with Ellisbridge Police Station. With the consent accorded by the Government of Gujarat and the consent of the Government of India, the case was transferred to Central Bureau of Investigation "respondent No. 1 herein and as per practice of C. B. I. , same was re-registered as RC. 2 (S)/2003-SIU. I/siu. II/cbi/ New Delhi on dated 28. 03. 2003.

(3.) IN another incident of 11th March, 2003, one Shri Jagdish Tiwari, a VHP leader of Ahmedabad was fired upon. He was admitted to the hospital for treatment and one bullet was recovered from his body. He lodged complaint with 1st P. I. , Bapunagar Police Station being FIR - 1st C. R. No. 101/2003 for the offences punishable under Sections 307, 34 of the Indian Penal Code and Section 25 (1) (a) (b) of the Arms Act. Subsequently, with the consent accorded by the State Government vide notification dated 28. 04. 2003 and Government of India vide Cabinet Secretariat dated 29. 05. 2003, the said case was also transferred to C. B. I. and same was re-registered as RC. 5 (S)/2003 " SIU. I/cbi/ New Delhi on 02. 06. 2003.