BILAL HAROON GALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of Rule on behalf of the respondent - State.

(2.) It is the case of the petitioner that the impugned order qua the petitioner is not only cryptic, but also totally mechanical, taking cognizance and issuing process without any application of mind and without there being any such material against the petitioner, which can be considered as sufficient to subject him to face the rigors of trial. As per the petitioner, it is limited but necessary pre-requisite for taking cognizance and issuing process, to arrive at prima facie satisfaction regarding existence of such evidence on record which may be sufficient to proceed against the petitioner for the alleged offences. According to the petitioner, there is no such evidence in the entire charge sheet filed by the respondent and in absence thereof the impugned order is liable to set aside, or else it would cause substantial injustice and would be abuse of process of law on the vice of Articles 14 and 21 of the Constitution of India. On behalf of the petitioner it was submitted that the arguments and findings recorded in the case of co-accused Shri Afroz are squarely applicable and hence adopted in the case of the petitioner.

(3.) Learned APP Mr.K.L.Pandya for the respondent raised preliminary objection on the maintainability of the Revision Application and also argued on merits of the application.