JUDGMENT :

1. Heard Mr. Pratik Y. Jasani, learned advocate for the petitioner and Mr. R.C. Kodekar, learned Additional Public Prosecutor for the respondent - State.

2. Rule. Learned APP waives service of Rule on behalf of the respondent - State.

3. By way of this application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the petitioner has prayed for the following reliefs:-

"(A) YOUR LORDSHIPS be pleased issue an appropriate writ, order or direction quashing and setting aside the order dated 27.05.2022 passed by the learned Sessions Judge, Amreli below Exh.40 in Sessions Case no. 22/2021;

(B) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS be pleased to stay operation, execution and implementation of the order dated 27.05.2022 passed by the learned Sessions Judge, Amreli below Exh.40 in Sessions Case no. 22/2021; and further be pleased to stay the proceedings of Sessions Case no. 22/2021;"

4. Brief facts of the case are as under:-

4.1 On 11.11.2019, an FIR bearing CR no. I-94/2019 came to be registered with Amreli City Police Station being for the offence punishable U/s. 302, 307, 323, 324, 506(2), 504, 143, 144, 147, 148, 149, 120B and 34 of the Indian Penal Code, 1860 as well as Section 135 of the Gujarat Police Act. It is alleged in the FIR that on 10.11.2019, in the morning hours, while the complainant as well as one of his relatives i.e. Ramesh Surabhai Makwana were on their way back after performing their routine work, they received a call from the Police Sub-Inspector, Sakariya and requested them to provide help in arranging manpower and to provide shelter to stray cows. It has been alleged that the complainant accordingly assisted the police. However, the complainant faced an ire of various members of their caste and was trolled in a WhatsApp group. It has been alleged that the complainant and others thereafter visited the Police Station showing their inability to assist police as members of his caste were not happy. It has been alleged that the police requested the respondent no.2 to arrange meeting with the members of his caste and the same was arranged and in the said meeting, scuffle took place between various persons and one Shri Rameshbhai Trad, Shri Amrubhai Nanubhai and Shri Surabhai Kadabhai sustained injuries; however, Govindbhai Trad and Kiranbhai Makwana passed away.

4.2 Thereafter, the petitioner has been arrested by the police and the petitioner has fully cooperated with the investigation and the police has filed a charge-sheet against the petitioner on 07.02.2020 and filing of chargesheet has resulted into registration of Sessions Case no.2221, which is pending consideration as on date before the learned Sessions Judge, Amreli.

4.3 The petitioner has been enlarged on regular bail on 29.10.2020 by the learned Sessions Judge, Amreli in the proceedings of Criminal Misc. Application no.50120.

4.4 It is the case of the petitioner that as no procedure as contemplated under Sections 225 and 226 of the Cr.P.C. was followed, one of the accused had preferred an application Exh.34 seeking directions against the prosecution to follow the procedure as contemplated in the aforesaid provisions. The learned Sessions Judge, Amreli, vide order dated 07.01.2022, has been pleased to allow the said application by directing the prosecution to follow the procedure prescribed under Section 226 and to open the case.

4.5 Pursuant to the directions issued by the Trial Court in the order passed below Exh.34, it was expected that the prosecution will follow the procedure contemplated under Section 226 of the Cr.P.C., however, as no such procedure was followed, an application Exh.39 was presented by some of the accused pointing out the said glaring lapse on the part of prosecution. The prosecution thereafter filed a report vide Exh.38, wherein it was contended that the prosecution relies upon all the documents and statements referred to in the charge-sheet. Merely stating that t