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1995 Supreme(Guj) 312

K.J.VAIDYA
STATE BANK OF INDIA – Appellant
Versus
PRAKASH DHIRAJLAL SHETH – Respondent


Advocates Appeared: J.A.SHELAT, JIVANLAL G.SHAH, P.G.DESAI

K. J. VAIDYA, J.

( 1 ) THE State Bank of India, Gandhidham (Kachchh) Branch by this petition under Art. 226 of the Constitution of India, has moved this Court voicing a serious grievance against the illegal and unjust protracted proceedings merrily going on for about last 11 years before the Court of the learned J. M. F. C. , Gandhidham, with no immediate signs of being started in forseeable future inter alia praying for the issuance of the writ of Mandamus and/or any other appropriate writ, direction or order directing the concerned learned magistrate to immediately proceed ahead with the pending Criminal Case No. 1265 of 1984 and to decide the same at the earliest. Incidentally, at this stage, it may be pointed out that the relief of expeditious trial prayed for by the petitioner bank can even be prayed for by filing Misc. Criminal Application under Sec. 482 of the Criminal Procedure Code, 1973, and for that purpose, it is indeed not necessary to go to the Constitution, making petition under Art. 226 of the Constitution of India. 2/3/4. To state few relevant facts briefly, leading to this petition, according to the petitioner, respondent No. 2 : Mr. P. D. Sheth was serving as Fiel













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