NANUBHAI VASTABHAI KATARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule in both the Criminal Revision Application. Mr.B.Y.Mnkad waives service of rule.

(2.) Considering the nature of litigation pending and number of accused who are under trial prisoners in the Sessions Case, pending before the learned Sessions Judge, the matter is taken up for final hearing by consent.

(3.) The petitioner is the original accused No.4 in Criminal Case registered at Khavada Police Station vide C.R. No : 15/98. On completion of investigation, the Police filed Chargesheet against all accused mentioned in the Chargesheet and as the some of the alleged offences are punishable with the extreme penalty, the case against the applicant, along with the other accused, has been committed to the Court of Sessions of District Kutch at Bhuj. Two Sessions Cases are registered as some of the accused are chargesheeted by a supplementary chargesheet and Sessions Cases are registered vide Sessions Case No : 106/98 and 57/99, respectively. The learned Sessions Judge of Kutch-Bhuj, after committal, was intending to frame charge against the accused and the present petitioner had applied vide application Exh.29, that Court of Sessions should not frame any charge against him under Section 227 and 228 of CrPC and prayed that he should be discharged from the offences, alleged to have been committed by him under Section 227 and 228 of CrPC. The revisioner of Revision Application No : 464 / 99 had also applied along with other accused for discharge vide joint application Exh.77. The applications preferred under Sections 227 and 228 of the Code of Criminal Procedure, filed by these accused persons (Exs. 29 and 77), were heard by the learned Sessions Judge of Kutchha-Bhuj and vide order dated 27/07/1999, the learned Judge, dismissed both these applications.