JUDGMENT :

Sonia Gokani, J.

1. Issue notice returnable forthwith. Mr. Hirday Buch, learned advocate waives service of notice for and on behalf of respondent No. 1.

2. This is an application under Articles 226 and 227 of the Constitution of India so also under section 482 of the Criminal Procedure Code seeking to challenge the order dated 07.03.2019 passed by the learned Sessions Judge, Gir Somnath at Veraval in Criminal Appeal No. 4 of 2019 below Applications Exh. 3 and Exh. 4.

Factual Matrix:

3. Facts in nutshell are enumerated in the following paragraphs:-

4. The First Information Report in the instant case being C.R. No. I-51 of 1995 has been lodged by Shri Madanbhai Khemabhai Maru, a Royalty Inspector working at Veraval, who on an application given jointly by three person of Sutrapada with regard to the illegal excavation of limestone from the pastoral land situated at Taluka: Sutrapada, District: Gir Somnath, more particularly, land bearing Survey Nos. 1509, 1546, 1590 and 1591 initiated this section. A member of the Flying Squad, who is also signatory to the panchnama drawn at the place of offence, along with the other members of the Flying Squad visited the place of offence where