JUDGMENT :

1. With the consent of learned advocates for the respective parties, the matter is taken up for final hearing.

2. Heard learned counsel Mr.J.M.Panchal appearing for learned advocate Mr. Rahul Dholakia, learned PP Mr. Mitesh Amin assisted by learned APP Mr. Pranav Trivedi and learned advocate Mr. K.S.Chandrani for the complainant.

3. This matter under section 397 read with section 401 of the Code of Criminal Procedure (for short “Cr.P.C.”) is preferred against order of “framing of charge” dated 02.02.2021 passed by learned Additional Sessions Judge, Bhachau below Exh.25 in Sessions Case No.216 of 2020 in the matter between Ms. Manishaben Gajjugiri Goswami (original accused No.10) v/s. State of Gujarat.

4. The main but serious grievance made by the applicant is that learned Sessions Judge has framed the “charge” against her without hearing and thus, there is apparent non compliance of provisions of section 226 and 227 of the Cr.P.C. While elaborating the submissions and after reading copy of “Rojnama” in Sessions Case No.216 of 2020 dated 02.02.2021 annexed at Page No.228 to this application to demonstrate that without learned Special Public Prosecutor or learned advocate for