( 1 ) THIS is an application which is directed against the order granting remand dated 23rd November 1983 passed by the learned Sessions Judge Surat in Criminal Revision Application No. 184 of 1983 which revision application was filed against the order passed by the Judicial Magistrate First Class Vyara District Surat in Utchhal Crime Register No. 20 of 1983 rejecting the prayer for remand of the present petitioners who were original accused.

( 2 ) THE facts leading to the present application are that the prosecution has alleged that information regarding the incident was received by Chawk Bazar Police Station Surat on 17th November 1983 at about 8. 10 a. m. that pursuant to the same at about 8. 30 a. m. the accused were arrested that when it transpired that the Chawk Bazar Police Station had no territorial jurisdiction the investigation was transferred to Utchhal Police Station Surat (Rural) that accused No. 1 and deceased Nisarbhai Ali Ahmed were partners that there was a dispute between the two that on 14th November 1983 both the accused persons on a false pretext to collect money took the deceased with them that on 14th November 1983 in the evening the accused an