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2010 Supreme(Guj) 175

ANANT S.DAVE
ABID HUSSEN ABDULKARIM SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR AD SHAH for Applicant(s) : 1,
MR SUSHIL KUMAR SR. ADV. with MR JM PANCHAL SPECIAL PUBLIC PROSECUTOR for Respondent(s): 1,
MR KG MENON SR. ADV. with MR AJAYKUMAR CHOKSI for Respondent(s): 2,
MR VAIBHAV A VYAS for Respondent(s): 2,

JUDGMENT

1. This petition under Article 226 and 227 of the Constitution of India is preferred by the petitioner/original accused with following prayers:

14(i) That the Hon'ble Court may be pleased to issue a Writ of Certiorari and/or any other appropriate writ whereby the order of the learned Addl. Sessions Judge rejecting the application Exh. 1010 in Sessions Case Nos. 69 to 86 of 2009 is set aside and quashed dated 17.2.2010.

(ii) That the Hon'ble Court may be pleased to prevent the prosecution from adducing evidence of Police Officers who have purportedly recorded the confessional statements of the accused under section 32 of the POTA Act;

(iii) That the Hon'ble Court may be pleased to prevent the prosecution from producing the Sanction Orders as per the provisions of Section 50 of the POTA Act during the pendency of trial of the accused under the Offences other than POTA Act;

(iv) That the Hon'ble Court may be pleased to stay the operation of the order on Exh. 1010 during pendency of the petitioner.

2. By the above order dated 17.2.2010 passed below application Exh. 1010 in Sessions Case No.69 of 2009 to 86 of 2009 and 204 of 2009 by learned Additional Sessions Judge, Panchmahal, C





























































































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