J.B. PARDIWALA, J.

1. By this application under Article 227 of the Constitution of India, the applicant - original accused calls in question the legality and validity of the order dated 7th April, 2018 passed by the Special Judge (CBI), Court No.1, Ahmedabad, below Exh.1 in the Special (CBI) Sessions Cases Nos. 2 of 2014, 1 of 2014 and 3 of 2014.

2. By the impugned order referred to above, the learned Special Judge thought fit to exercise suo motu powers under Section 311 of the Code of Criminal Procedure to summon and examine a responsible officer of the department of RTO, Junagadh, with directions to such officer to remain present before the court with necessary documents.

3. The learned Special Judge also thought fit to exercise its suo motu power under Section 311 of the Code of Criminal Procedure to re-examine few other witnesses as, in the opinion of the learned Special Judge, their re-examination is necessary for the just decision of the case.

4. The facts giving rise to this application may be stated as under :

4.1. One, Amit Jethwa, stated to be an activist, who was complaining against the illegal mining in and around the Gir Forest Sanctuary, was murdered. The FIR being I-C.R. No. 163 of 2010 was registered on July 20, 2010 at the Sola Police Station, Ahmedabad, under Sections 302 and 114 of Indian Penal Code, 1860 (IPC) read with Section 25(1) of Arms Act, 1959. In this FIR, amongst others, Dinubhai Boghabhai Solanki (applicant No.2 herein) and his nephew were also implicated. According to the father of Amit Jethwa (who was the complainant), The State Police showed slackness in investigating the said case. He approached the High Court for transfer of investigation and vide order dated September 25, 2012, his petition was allowed and the investigation was transferred to the CBI. On transfer, the CBI registered RC.11(S)/2012 SCU.V/SC.II/CBI and undertook the investigation. The aforesaid order dated September 25, 2012 passed by the High Court was challenged by Mr. Solanki as well as by the State of Gujarat by filing Special Leave Petitions in the Supreme Court. In the Special Leave Petition filed by Mr. Solanki, he had prayed for stay of operation of the judgment and order dated September 25, 2012. This miscellaneous application was dismissed by the Supreme Court and the CBI was given liberty to complete the investigation. After the dismissal of his application, Mr. Solanki was arrested on November 5, 2013. Status report of the investigation was submitted by the CBI in the Supreme Court and after completion of the investigation, a supplementary charge-sheet under Section 302 read with Section 120-B, IPC was filed before the concerned Court in January, 2014. In the charge-sheet, Mr. Solanki has been arrayed as one of the main conspirators along with his nephew Pratap alias Shiva Solanki (applicant No.1 herein) and few others. The Criminal Appeal No. 492 of 2014 arising out of SLP (Cri.) No. 8406 of 2012 filed by Mr. Solanki as well as Criminal Appeal No. 493 of 2014 arising out of SLP (Cri.) No. 8292 of 2012 filed by the State of Gujarat, challenging the order dated September 25, 2012 of the High Court, were ultimately dismissed by the Supreme Court by a detailed judgment and order dated February 25, 2014 which is reported as Dinubhai Boghabhai Solanki v. State of Gujarat, (2014) 4 SCC 626 : (2014 AIR SCW 1722).

4.2. During the trial, it transpired that most of the witnesses had turned hostile. This further prompted the complainant to approach this Court with an appropriate writ petition seeking certain reliefs including that of de novo trial.

4.3. This Court decided the writ petition filed by the complainant vide its judgment dated June 29, 2017. Allowing the said writ petition, this Court directed de novo trial of the case with the following specific directions:

"95. This writ application is disposed of with the