1. This Application has been preferred by the applicant viz. Ms. Mrunalinidevi Paur, seeking to implead herself as party respondent in Special Criminal Application No.1870 of 2011. Learned advocate Mr. Parthiv Shah appearing for the applicant has insisted that this Application be heard and decided before proceeding further with Special Criminal Application No.1870 of 2011.
2. It is noted from the perusal of Special Criminal Application No.1870 of 2011 that the petitioner has sought to challenge the letter of the Director (Antiquities) dated 2nd May, 2011. The main grievance in that petition is non compliance as well as misreading of the order passed by this Court (Coram: M.R. Shah, J.)in Special Criminal Application No.287 of 2010 with Criminal Misc. Application No.2062 of 2010 on 27th December, 2010. It needs to be further noted that such application was even moved earlier by this petitioner, however, in view of the disposal of Special Criminal Application No.287 of 2010, such application preferred by the petitioner being Criminal Misc. Application No.2062 of 2010, was disposed of as well there does not appears to be any challenge made by the petitioner viz. Ms. Mrunalinidevi Paur to the order of this Court nor does it reflect anywhere on record that while deciding the main Special Criminal Application No.287 of 2010 on merits, advocate appearing for the applicant herein has been heard.
3. Be that as it may, before this Court in Criminal Misc. Application No.13947 of 2011 as also in Special Criminal Application No.1870 of 2011, all the parties are heard at length. Mr. P.S. Champaneri, Asst. Solicitor General has made a request today to adjourn the matter for two days to get further instructions from the Director General (Antiquities) in connection with this matter. Such request is acceded to.
4. This Court deems it appropriate to decide both the Applications simultaneously as various questions are raised by both the sides, including maintainability of very application and therefore, it would be apt to deal with them as a whole rather than in a truncated manner.
Both the matters are adjourned to 5th July, 2012.
(MS SONIA GOKANI, J.) chandrashekhar* Top