Gujarat High Court
Biotor Industries Ltd. Thro' Rajesh M. ... vs State Of Gujarat & 2 on 15 December, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/23822/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TRANSFER) NO. 23822 of 2015
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BIOTOR INDUSTRIES LTD. THRO' RAJESH M. KAPADIA & 2....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR S M VATSA, ADVOCATE for the Applicant(s) No. 1 - 3
MR RC KODEKAR, ADVOCATE for the Respondent(s) No. 2
MR. J.K. SHAH, ADDL. PUB. PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/12/2015
ORAL ORDER
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 Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Dec 16 02:36:55 IST 2015 R/CR.MA/23822/2015 ORDER C) Pending the hearing and final disposal of the present application this Hon'ble 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 Hon'ble 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 Hon'ble 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 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 charge-sheets 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.
Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Dec 16 02:36:55 IST 2015 R/CR.MA/23822/2015 ORDER (J.B.PARDIWALA, J.) Mohandas Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Dec 16 02:36:55 IST 2015