Biotor Industries Ltd. Thro' Rajesh M. ... vs State Of Gujarat on 22 June, 2018

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Gujarat High Court

Biotor Industries Ltd. Thro' Rajesh M. ... vs State Of Gujarat on 22 June, 2018

Bench: J.B.Pardiwala

        R/CR.MA/23822/2015                                                    IA ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


               CRIMINAL MISC.APPLICATION NO. 1 of 2016
                                 IN
            R/CRIMINAL MISC.APPLICATION NO. 23822 of 2015
==========================================================

NARENDRA YESHWANT UTTARWAR & 16... Petitioners Versus STATE OF GUJARAT & 5... Respondents ========================================================== Appearance:

MR HARDIK A DAVE for the PETITIONER(s) No. MS MOXA THAKKAR, AP for the RESPONDENT(s) No. 1 MR RC KODEKAR, ADVOCATE for the Respondent No.2 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 22/06/2018 IA ORDER 1 By this application, the applicants - original accused have prayed for the following reliefs:

"15A. This Hon'ble Court be pleased to admit this application.

B. This Hon'ble Court may be please to recall the order dated 15 th December 2015 passed in Criminal Misc. Application (for transfer) No.23822 of 2015 and restore the matter to its original file in the interest of justice.

C. Pending application and final hearing of this application stay the further proceedings of CBI Special Case No.1 of 2016 pending before ld. Special Judge, CBI Court No.5, Mirzapur, Ahmedabad.



       D.      To   pass   such   other   and   further   orders   as   are   necessary   in   the 


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        R/CR.MA/23822/2015                                                      IA ORDER




      interest of justice."


2     The Criminal Miscellaneous Application (for transfer) No.23822 of

2015 came to be disposed of by this Court dated 15th December 2015 in the following terms:

"Rule returnable forthwith. Mr. Shah, the learned Additional Public Prosecutor wavies service of notice of rule for and on behalf of the respondent State of Gujarat. Mr. R.C. Kodekar, the learned counsel enters appearance for the respondent CBI and waives service of notice of rule for and on behalf of the respondent CBI.

By this application under Section 482 read with 407(2) of the Code of Criminal Procedure, 1973, the applicants original accused Nos.1, 2 and 3, have prayed for the following reliefs: A) Admit and allow the present application.

B) To transfer the CBI Case No.5 of 2015 arising out of RC 3(E) of 2011 dated 30.1.2011 pending with CBI Court No.2, Ahmedabad, Mirzapur Court to Ld. Special Court, CBI Court No.7, at Ahmedabad City Sessions Court, Mirzapur, Ahmedabad C) Pending the hearing and final disposal of the present application this Honble Court may be pleased to stay the proceedings in respect of framing of charges pending in CBI Case No.5 of 2015 arising out RC 3(E) of 2011 dated 30.1.2011 pending with CBI Court No.2, Ahmedabad, Mirzapur Court, Ahmedabad.

D) Pending the hearing and final disposal of the present application this Honble Court may be pleased to stay the proceedings in respect of framing of charges pending in Special CBI Case No. 1 of 2015 arising out of RC 1(E)/2011, Special CBI Case No. 10 of 2013 arising out of RC 6(E)/2011, Special CBI Case No.4 of 2013 arising out of RC7(E)/2011, CBI Case No. 28 of 2015 arising out of RC 7(E) of 2012 and Special Case Nos. 23 to 26 of 2015, pending with the ld. Special Court, CBI Court No.7 at Ahmedabad City Sessions Court, Mirzapur, Ahmedabad.

E) This Honble Court may be pleased to pass any such other and further and proper order which may deem fit to impose in the circumstances of the present case.

Having heard the learned counsel appearing for the parties and having Page 2 of 3 R/CR.MA/23822/2015 IA ORDER through the materials on record, more particularly, the order passed by this Court dated 10.12.2014 in the Criminal Miscellaneous Application No.1796 of 2014 (Page: 314), this application is allowed.

Taking into consideration the fact that all cases are interrelated, although the separate chargesheets might have been filed, yet taking into consideration the order passed by this Court referred to above as well as the Coordinate Bench, the CBI Case No.5 of 2015 arising out of RC 3(E) of 2011 pending with the CBI Court No.2, Ahmedabad, as on today, is ordered to be transferred to the Special Judge for CBI Cases, CBI Court No.7, at Ahmedabad Sessions Court, Mirzapur. Rule is made absolute to the aforesaid extent. Direct service is permitted."

3 Thus, it appears that all the cases were ordered to be transferred to one particular Court i.e. the Court of the learned Special Judge, C.B.I. at Mirzapur. The prayer in this application is that the order passed by this Court dated 15th December 2015 be recalled since the 17 applicants herein are charged with the offences which are magistrate triable and they should not be put on trial in the Court of the Special Judge, C.B.I. As all the cases are interrelated and in some of the cases, the prosecution is for the offence punishable under the provisions of the Prevention of Corruption Act, this Court thought fit to assign all the cases to one particular Court. In such circumstances, I see no good reason to recall the order passed by this Court dated 15th December 2015 in Criminal Miscellaneous Application (for transfer) No.23822 of 2015. This application is, accordingly, rejected. Notice stands discharged. Ad interim relief earlier granted stands vacated.

4 The case shall now proceed further in accordance with law at the earliest.

(J.B. PARDIWALA, J.) CHANDRESH Page 3 of 3

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