JUDGMENT

C.K. Buch, J. — The present Revision Application has been preferred, against the is­suance of notification under Section 82 of the Criminal Procedure Code, 1973 (hereinafter referred to as ‘the Code’) by the learned Metropolitan Magistrate, Court No. 5. Meghaninagar, Ahmedabad, directing all the petitioners (orig. accused) of the Criminal Case i.e. M-Case No. 2/2003, pending under investigation with the Karanj Police Sta­tion of Ahmedabad City, to appear before the said Court; invoking jurisdiction of this Court under Sec. 401 read with Sections 397 and 482 of the Code.

2. The learned counsel Mr. S.V. Raju, appearing on behalf of Mr. A.P. Shah. learned counsel for the petitioners-accused, has pointed out the basic infirmities in the notification; that the petitioners are not given 30 exclusive days to surrender and that by itself makes the notification ineffective and invalid and, therefore, no proceedings under Section 82 of the Code can be initiated. According to petitioners, the notification under challenge has been issued pursuant to one application dated 16th January, 2004 given by the Investigating Officer i.e. the Police Sub-Inspector, Pattharkuva Chowky, Ahmedaba