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1984 Supreme(Guj) 110

A.S.QURESHI
HASMUKHKUMAR ISHWARBHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: S.R.DIVETIA, S.V.RAJU

A. S. QURESHI, J.

( 1 ) THE petitioner herein was Civil Judge (J. D.) and Judicial Magistrate First class at Rajkot. He is being tried for an offence punishable under Section 161 of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act by the Special Judge t Rajkot. The petitioner has claimed in this petition that his trial at Rajkot would not be fair and impartial as the complainant and his supporters are taking undue interest in this case and are likely to tamper with witnesses. Mr. S. V. Raju the learned Counsel for the petitioner has urged that there is a genuine and reasonable apprehension in the mind of the petitioner that witnesses will be approached or influenced if the case is heard at Rajkot. Mr. Raju has also urged that as the accused was working as J. M. F. C. at Rajkot and the learned Special Judge who will try him is the Judge who had been writing his confidential reports. Hence the possibility that the learned Judge would be influenced by his opinions formed by him while writing confidential report cannot be ruled out. Lastly Mr. Raju has urged that in order to see that not only the justice is done but also it is seen to be done. Hence according






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