KANUBHAI GENAJI TRIKAMJI BHATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Service of rule is waived by ld. APP Mr. Pandya and Mr. A. B. Munshi for the respondent - State and original complainant.

(2.) THE petitioner, who is original accused No. 4 in Sessions Case No. 143/2008 pending in the Court of Ld. 2nd Addl. Sessions Judge, Sabarkantha at Himatnagar, preferred this revision application under sec. 397 read with Sec. 401 of the Code of criminal Procedure [for short 'cr. P. C'] challenging the legality and validity of the impugned order dated 4/3/2009 whereby his request to discharge him from the offences punishable under Sections 307 and 120b of the IPC and Section 135 of the Bombay police Act [b. P. Act] came to be rejected.

(3.) THE Sessions Case No. 143/2008 is pending against five accused persons. By preferring an application on 11/12/2008, all the five accused persons requested for their discharge as contemplated under Sec. 227 of the Cr. P. C. The application came to be dismissed by the Ld. 2nd Addl. Sessions judge, Sabarkantha at Himatnagar imposing special costs of Rs. 5,000/ -. However, the said order is challenged by the original accused No. 4 by preferring this revision application.