RAMJI BHIKHA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned A.P.P. Mr. M. A. Patel, waives the service of the Rule on behalf of respondent-State of Gujarat.

(2.) The petitioners have challenged legality, validity and propriety of orders passed by Judicial Magistrate, First Class, Rapar, District Kutch-Bhuj, dated 2-6-1997, in the proceedings of Criminal Case No. 249 of 1997, taking cognizance of the offence registered at Rapar Police Station, vide Crime Register C. R. No. 3 of 1997, dated 14-1-1997,; and had committed the case to the Sessions Court, District Kutch. The petitioners have also challenged legality, validity and propriety of orders passed by learned Additional Sessions Judge, District Kutch-Bhuj, dated 9-6-1998, in the proceedings of Sessions Case No. 62 of 1997.

(3.) The present petitioners are facing prosecution for the offences made punishable under Sees. 143, 147, t48, 149, 186, 332, 333 and 307 of Indian Penal Code, in respect to an incident which'is registered as offence at Rapar Police Station vide Crime Register C. R. No, 3'of 1997 on 14-1-1997; That according to prosecution First Information Report was lodged on 14-1- 1997, at Rapar Police Station, around 20-30 hours against present petitioners alleging that when a police party of a prohibition; squad led; by Police Subi-Inspector 0. M. Raval went to the house of petitioner No. I (accused No. 1) for the purpose of carrying out a prohibition raid on receipt of intelligence'teport; petitioners formed an unlawful assembly with a common object wise foree'and violence with deadly weapons and to cause rioting and assault on police party led by Police Sub-Inspector 0. M. Raval with a view to resist the naid being carried out on the said house. It is also alleged by the prosecution that during the said incident, an attempt on life of P.S.I. 0. M. Raval, was a|so made by deadly; weapons by present petitioners, and thereby petitioners were airested and investigation was made in respect to said offence. That petitioners were committed to Sessions .Court by.learned J.M.F.C., Rapar, District Kutch, and the case was registered as Sessions Case No. 62 of 1997, after following prescribed procedure under Sec, 209 of the Cr. P. C. vide impugned order dated 2-6-1997.