MANNAN UMABHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate, Mr. R. J. Goswami for the applicant, Mr. K. L. Pandya, learned APP for the respondent No. 1-State and learned advocate, Mr. Manish J. Patel for the respondent No. 2.

(2.) RULE. Mr. K. L. Pandya, learned APP for the respondent No. 1-State and learned advocate, Mr. Manish J. Patel for the respondent No. 2 waive service of rule.

(3.) LEARNED advocate, Mr. R. J. Goswami for the applicant has placed an affidavit on behalf of the petitioner affirmed by Shri Ashok V. Sharma, Advocate, who was appearing in appeal before the Appellate Court in Criminal Appeal No. 96 of 2006. As per the said affidavit, said learned advocate had never consented before the Appellate Court for remanding the matter to the trial court. As per the said affidavit, the said advocate has also placed on record of the Appellate Court written arguments on behalf of the appellant to decide the appeal on merits. Said affidavit is ordered to be taken on record.