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2010 Supreme(Guj) 209

JAYANT PATEL, ABHILASHA KUMARI
Imtiazkhan Saeedkhan Pathan – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
M.M.Tirmizi, J.M.Panchal, K.G.Menon, Ajay Kumar Choksi, Vaibhav A.Vyas, B.N.Limbachia

JUDGMENT

JAYANT PATEL, J.

(1) THE present petition is preferred by the petitioners seeking transfer of Sessions Case No. 152/02 pending before the learned Additional Sessions Judge, City Civil Court No. 12, Ahmedabad. THE petitioners since had earlier approached before the Principal City Civil Judge for transfer of the said sessions cases under Sections 408 read with Section 409 of the Cr. P.C. and the learned Principal Sessions Judge declined the prayer for transfer by rejecting the application of the petitioners, the petitioners have also challenged the said order in the present petition.

(2) IN order to appreciate the grievance on the part of the petitioners herein, some factual background may be required and the same is as under :

The petitioners are either witnesses or victims of Sessions cases which are sought to be transferred. All such sessions cases pertain to communal riot incidents and it is the case of the petitioners that about 69 persons have lost their lives in the incident, therefore, their sentiments are attached with the conducting of the trial and they are desirous to see that the offenders are punished in accordance with law. After registration of FIR and investig






















































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