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2001 Supreme(Guj) 786

A.M.KAPADIA
ASHOKKUMAR PRABHUDASBHAI MODI – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.J.SETHNA, N.S.DAFTARI, NITIN AMIN, Rajesh M.Agrawal

A. M. KAPADIA, J.

( 1 ) ). IN this petition filed under Article 226/227 of the Constitution and under Section 407 of the Code of Criminal Procedure (the Code for short), petitioners, who are accused in Sessions Case No. 36 of 1999 for commission of the offence of murder of one Dr. Sonia Modi, punishable under Section 302 read with Section 120b and other sections of the Indian Penal Code and facing trial in the said case before the learned Additional City Sessions Judge (Court No. 15), Ahmedabad City, Ahmedabad, apprehending that they would not get fair and impartial criminal trial at the hands of the concerned Additional City Sessions Judge, seek transfer of the said Sessions Case pending for hearing on the file of the learned Additional City Sessions Judge (Court No. 15), Ahmedabad City, which is a part-heard case as oral evidence of eight witnesses has been completed, to any other Court within the District or outside the District within Gujarat.

( 2 ) THE birth of this proceeding has a nexus with an incident of murder of Dr. Sonia Modi. In connection with the said offence, FIR came to be registered and during the course of investigation, incriminating evidences were found against










































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