The petitioner, an eye-witness of the offence registered as M. Case No.9/2004 with the Radhanpur Police Station, has filed this petition under Articles 226 & 227 of Constitution of India and under Section 482 read with Sections 174 and 309 of the Code of Criminal Procedure, 1973, challenging the order dated 20.09.2011 passed by the learned Judicial Magistrate First Class, Radhanpur.
2. Learned advocate for the petitioner has brought to the notice of this Court about pendency of three different proceedings before this Hon'ble Court arising out of the same transaction and incident where initially FIR was registered being I CR No.21 of 2001; and thereafter Special Criminal Application N.1491 of 2005 is filed by Nanabhai Pyarmohammed G. Shaikh; and Criminal Misc. Application Nos.3673 & 3676 of 2006 were by the complainant. It is also to be noted that by an order dated 10.09.2010 passed in Criminal Appeal No. 1757 of 2010, the Apex Court while setting aside the impugned order of the High Court has directed that Special Criminal Application No.1491 of 2006 be heard and disposed of afresh as far as possible within six weeks.
3. In view of the above and in the fitness of things, it is advisable that all the mattes be listed before a Bench, after obtaining order from the Hon'ble the Chief Justice, since the outcome of one of the cases may have bearing on the others. It is also open for the learned advocate for the petitioner to file a note in the Registry in this Regard.
4. Issue notice returnable on 23rd January, 2012.
Direct service is permitted. To be effected by the concerned in-charge Police Office of Radhanpur Police Station.
[Anant S. Dave, J.] *pvv Top