NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SLP (Crl.) Nos. 3911/2008 and 4039/2008
Bharat Malubhai Modhwadia …
Petitioner
VERSUS
The State of Gujarat and another …Respondents
1.
The petitioner is aggrieved by an interim order granting
stay of operation of the order dated 29th of March, 2008 passed
by the Trial Court in exercise of its powers conferred by
Section 319 of the Code of Criminal Procedure (in short, “The
Code”). By the order dated 29th of March, 2008, the Additional
Sessions Judge and Presiding Officer, Fast Track Court,
Porbandar allowed an application under Section 319 of the
Code and directed that bailable warrant of Rs. 25000/- be
issued against Sh. Babubhai Bhimabhai Bokhria and also
directed his production as accused in the further proceedings of
the case.
2.
Against the aforesaid order, a Special Criminal
Application has been filed, which is now pending decision. By
way of an interim relief, the aforesaid order of the Additional
Sessions Judge and Presiding Officer, Porbandar dated 29th of
March, 2008 was stayed.
3.
Against the aforesaid interim order of the High Court,
this Court on 16th of May, 2008 passed the following order by
way of an interim measure:-
“Issue notice. Learned counsel appearing on behalf of Respondent No. 2 accepts notice. He submits that the case is complete and has been listed for judgment tomorrow. He may file his counter affidavit within four weeks. Meanwhile, in case any order is passed it may be subject to the final order passed by this Court. Issue notice to other respondents also.”
4. However, an application was filed by the petitioner for vacating the interim order granted by the High Court in the aforesaid pending application before it. By an order dated 6th of May, 2008, the application for vacating the interim order, as indicated hereinabove, was however rejected by a learned Judge of the High Court, against which another Special Leave Petition being SLP (Crl.) No. 4039 of 2008 has been filed in this Court, in which the following order was passed :- “Issue notice. Learned counsel appearing on behalf of Respondent No. 2 accepts notice. He submits that the case is complete and has been listed for judgment tomorrow. He may file his counter affidavit within four weeks. Meanwhile, in case any order is passed it may be subject to the final order passed by this Court.
Issue notice to other respondents also.”
5. The aforesaid two Special Leave Petitions came up for hearing before us. After giving hearing to the learned Senior counsel appearing for the parties and after going through the impugned orders and without going into the merits of the questions raised before us on the application under Section 319 of the Code, we feel it proper to dispose of the SLPs in the following manner :-
a) Since the Special Criminal case is now pending before
the High Court, we feel it proper to request the High Court to decide the said case within a period of four weeks from this date without granting any unnecessary adjournments to either of the parties.
b) In the event, the decision has not yet been arrived at in
the trial, in that case, the judgment shall not be pronounced by the trial Court for a period of four weeks from this date.
6. With the aforesaid directions, these Special Leave Petitions are disposed of.
…..……………………J.
[TARUN CHATTERJEE]
….……………………J.
[V.S. SIRPURKAR]
New Delhi;
November 14, 2008