DILIPBHAI JIVABHAI KATARIYA vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
S.G. Shah, J
DILIPBHAI JIVABHAI KATARIYA – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
For the Appellants/Petitioners: MR ND NANAVATI, MR BM MANGUKIYA
For the Respondents: MS BELA A PRAJAPATI, MR HL JANI

Table of Content
1. applications consolidated for a common judgment. (Para 1 , 2 , 3)
2. issues surrounding the conviction and the implications for the respondent. (Para 4 , 5 , 6)
3. locus standi questioned, indicating political motivations behind petitions. (Para 10 , 12)
4. dismissal based on abuse of judicial process and lack of standing. (Para 22 , 23)

JUDGEMENT

All these four applications are on the same issue and against same impugned order and, therefore, are heard together and disposed of by this common judgment.

2. Practically, for all the applicants only one set of arguments have been advanced by learned senior counsel Mr.N.D.Nanavati. Whereas, for private respondents, since four revision applications are there, different senior counsels have without overlapping their submissions submitted different issues and learned Public Prosecutor Mr.H.L.Jani has argued on behalf of the State. The impugned order in all the revision applications is dated 20.07.2013 below Exh.8 in Criminal Appeal No.22 of 2013 by Sessions Judge, Porbandar. Such application was filed by appellant being original accused No.4 in such appeal, u/s.389 of the Cr.P.C. to stay his conviction in Criminal Case No.1125

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GUJARAT HIGH COURTS.G. Shah, JDILIPBHAI JIVABHAI KATARIYA – AppellantVersusSTATE OF GUJARAT – Respondent

GUJARAT HIGH COURT
S.G. Shah, J
DILIPBHAI JIVABHAI KATARIYA – Appellant
Versus
STATE OF GUJARAT – Respondent