J.B.PARDIWALA

1. The learned Single Judge of this Court (Her Ladyship Ms. Justice Harsha N. Devani) while hearing Special Criminal Application No.1590 of 2009, directed against the order dated 01.08.2009 passed by the Additional Sessions Judge and 2nd Fast Track Court, Rajkot, below Applications Exhs:12, 14, 15, 18 and 22, preferred by the accused in Criminal Revision Application No.100 of 2009, framed the following questions for consideration and opinion of a Division Bench-Larger Bench:-

“(i) Whether an order refusing to grant remand has any bearing on the proceedings of the trial itself ? Whether an order refusing to grant remand has any effect on the ultimate decision of the case ?

(ii) Whether an order refusing to grant remand can affect the progress of the trial or its decision in any manner ?

(iii) Whether an order refusing to grant police remand is an interlocutory order or an intermediate or a final order ?

(iv) Consequently, whether a revision against an order refusing to grant police remand is maintainable under section 397 CrPC ?”

2. The learned Single Judge directed the Registry to place Special Criminal Application No.1590 of 2009 before the Hon'ble Chief Justice fo