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1999 Supreme(Guj) 802

H.R.SHELAT
Harendra Vallabhdas Kanabar – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:A.D. Shah, Advocate.
For the Respondent: U.A. Trivedi, APP.

JUDGMENT :

H.R. Shelat, J.

By this application, the petitioner who is alleged to have committed the offences punishable under Section 302, 201, 109, 120-B, 498A read with Section 114 of the Indian Penal Code, prays for quashing of the order passed by the learned Judicial Magistrate (FC) at Jam-Khambhalia and confirmed after some modification in revision, remanding him to police custody for a period of 3 days.

2. A complaint against the present petitioner is lodged with Jam-Khambhalia police station of the above stated offences. He was arrested on 6th March 1999 and then produced before the learned Judicial Magistrate (FC) at Jam-Khambhalia on 7th March 1999. The police then prayed for further remand. The learned Judicial Magistrate, Jam-Khambhalia granted the police remand for 7 days. The revision application was then preferred before the learned Sessions Judge at Jamnagar which was then assigned to the learned Additional Sessions Judge, Jamnagar who hearing the parties at length and considering several decisions passed the order on 21st April 1999 confirming the order with some modification. Instead of remanding the petitioner for 7 days to police custody he passed the order to rem

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