ATULBHAI RAMESHCHANDRA MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants - accused have filed the present application under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (hereinafter be referred to as 'the Code') against the order dated 29.09.2009 passed by the learned Special Judge, Fast Track Court, Bharuch, Camp at Ankleshwar in Special Atrocity Case no.35 of 2009, whereby the learned Special Judge has allowed the application of learned Additional Public Prosecutor and has ordered to consolidate both Special Atrocity Cases No.35 of 2009 and 39 of 2001.

(2.) The applicants are the accused in Special Atrocity Case No.35 of 2009 and Special Atrocity Case No.39 of 2001 which have been pending for trial in the Trial Court. By way of the present application, the applicants have challenged the order of consolidation of both the Special Atrocity Case No.35 of 2009 and Special Atrocity Case No.39 of 2001.

(3.) Brief facts of the present case, in nutshell, are as under: