2006 Supreme(Guj) 768
D.H.WAGHELA
ABDUL MASJID SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent
Advocates Appeared: A.D.SHAH, S.S.PATEL
( 1 ) THE petitioners, original accused persons, have approached this court under section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code") to challenge the order dated 26. 6. 1995 of the learned Sessions Judge, Valsad whereby charges were framed against the petitioners for the offences punishable under sections 323, 342 and 306 read with section 114 and, in the alternative under section 302 read with section 114 of the Indian Penal Code, 1860 (for short, "the IPC"), besides the offences under section 3 of the Schedules Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Atrocities Act" ). After the petition being admitted in July 1995 and grant of ad-interim relief, the ad-interim relief of stay of further proceeding of Sessions Case No. 18 of 1992 pending against the petitioners in the court of the learned Sessions Judge, Valsad was directed to continue till further orders. And, the matter has come up for final hearing after eleven years without any addition to the record which consists of only the petition, without any affidavit, and the impugned order.
( 2 ) ACCORDING to the petition, chargesheet had come to be filed in the court
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