STATE OF GUJARAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE parties in the above applications have sought permission from the Hon'ble Acting Chief Justice to move the said applications today which was duly granted. Therefore, this Court took up the aforesaid applications for hearing at 4. 30 p. m. today with the consent of the parties.

(2.) THE above Criminal Misc. Application No. 10621 of 2009 is filed by Shri Girish Laxman Singhal, Superintendent of Police (ATS) praying to implead him as party respondent in Special Criminal Application No. 822 of 2004. He has also filed Criminal Misc. Application No. 10624 of 2009 praying to declare report dated 7th September 2009 of the learned Metropolitan Magistrate, Ahmedabad, made in purported exercise of section 176 of the Criminal Procedure Code as null and void. 2. 1 Heard. Mr. Mukul Sinha, learned Advocate appearing for the writ petitioner, has objected to grant of prayers made in these applications. After hearing the parties this Court was not inclined to entertain both the aforesaid applications. Therefore learned Counsel sought permission to withdraw both the said applications with a liberty to challenge the impugned report before the appropriate Court. Permission as prayed for is granted. Both the applications stand disposed of as withdrawn.

(3.) CRIMINAL Misc. Application No. 10625 of 2009 is at the instance of the State. Copy of the said application was served on the other side and therefore Mr. Mukul Sinha learned Advocate appeared along with Ms. Shilpa Shah for the original petitioner, Mr. P. S. Champaneri, Assistant Solicitor General for respondent No. 1 and Mr. Y. N. Ravani for Respondent No. 6. Heard the learned Advocates for the respective parties at length and perused the relevant papers. 3. 1 The applicant State has filed the present application in Special Criminal Application No. 822 of 2004 filed by the respondent no. 4 herein, for the following reliefs: "[a] Your Lordships may be pleased to pass a suitable order for clarification followed by issuance of appropriate directions in the captioned proceedings, more particularly in the matter of the order dated 13. 8. 2009 passed by this Hon'ble Court (Annexure-I hereto); [b] Pending the hearing and final disposal of Special Criminal Application No. 822 of 2004, Your Lordships may be pleased to stay the execution, operation and implementation of the purported report/order dated 7. 9. 2009 of the learned Metropolitan Magistrate (Annexure-II) hereto ). "