Kashmiraben Manojbhai PadaliyA. Vs. Kiranbhai Jamanbhai Vadaliya and ors. - Court Judgment

Excerpt:
[p. sathasivam ; h.l. gokhale, j.j.] - the indian penal code, 1860 section 302 - punishment for murder -- sunil yadav s/o musafir yadav was instituted. sunil yadav was instituted. on 29.04.1997, about 5:30 a.m., at nawada sadar hospital, si anil kumar gupta recorded the statement of sunil yadav s/o musafir yadav and on the basis of his statement fir no 12/97 was registered with govindpur p.s under sections 147, 148, 149, 323, 324, 307, 447 ipc against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, suresh yadav, umesh yadav, muni yadav and naresh yadav. the charge-sheet bearing no. 12/97 was submitted in fir no. 11/97 p.s. govindpur, on 30.06.1997 against brahamdeo yadav, sunil yadav, darogi mahto, maho yadav, paro mahto, kuldeep yadav, sudhir yadav, bale yadav, shivan yadav and suraj yadav and sunil yadav who was later instituted. the charge sheet bearing no. 36/97 was also submitted in fir no. 12/97 p.s. govindpur, on 17.12.1997 against upendra yadav, rambalak yadav, basudev yadav, anil yadav, manager yadav, ganuari yadav, damodar yadav, umesh yadav, muni yadav and naresh yadav except suresh yadav s/o kesho yadav as he had died. informant-naresh yadav (pw-9) informant-sunil yadav (a9 in fir 11/97) brahmdeo yadav, darogi mahto, sunil s/o bale yadav, maho yadav, kuldeep yadav, bale yadav, suraj yadav, shiv nandan yadav, sunil yadav s/o musafir yadav, sudhir yadav and paro mahto, total 11 persons forming a group came there and surrounded them. brahmdeo yadav, sunil yadav, darogi mahto and maho yadav were armed with rifle. bale yadav, kuldeep yadav, shiv nandan yadav and suraj yadav were armed with gandassa. kuldeep yadav gave gandassa blow to munshi yadav.1. all these petitions arise out of the common orders and therefore, they are disposed of by this common judgment.2. in s.c.a. no.551/2011, challenge has been made to the order passed below application exhibit-83 dated 30.11.2010 as also the order passed below application exhibit-5 dated 09.12.2010 filed in civil misc. appeal no.565/2008 by the learned 4^th addl. sr. civil judge, rajkot, whereby, application exhibit-83 came to be rejected and application exhibit-5 was allowed.3. in s.c.a. no.16741/2010, challenge has been made to the order passed below application exhibit-83 dated 30.11.2010 by the learned 4^th addl. sr. civil judge, rajkot, whereas, in s.c.a. no.16745/2010, challenge has been made to the communication dated 19.04.2010 of the principal district judge, rajkot, whereby, the concerned learned 4^th addl. sr. civil judge, rajkot has been informed that it is not required to consider the application for revocation of the succession certificate and therefore, the matter be proceeded on merits.4. heard learned counsel for the respective parties at length and perused the documents on record. during the course of hearing, a consensus has been arrived at between the parties on the basis of which the following order is passed;(i) the entire proceedings of civil misc. appeal no.565/2008, including applications exhibit-83 & 05 pending before the district court, rajkot are transferred and ordered to be placed before the learned principal district judge, rajkot for decision on merits.5. the learned principal district judge, rajkot will take up the hearing of exhibit-5 application on 01.02.2011, on which date all the parties shall remain present before him, either personally or through their advocates and after the exhibit-5 application is decided, the learned principal district judge, rajkot shall proceed with the hearing of civil misc. appeal no.565/2008.6. the orders passed below applications exhibit-83 & 05 dated 30.11.2010 & 09.12.2010 respectively passed by the learned 4^th addl. sr. civil judge, rajkot, as also the communication dated 19.04.2010 of the learned principal district judge, rajkot, shall remain in abeyance until civil misc. appeal no.565/2008 is decided afresh by the learned principal district judge, rajkot.7. the learned principal district judge, rajkot shall render its decision on civil misc. appeal no.565/2008 on or before 30.06.2010.8. both the sides shall maintain status quo until the learned principal district judge, rajkot proceeds with the hearing of exhibit-5 application afresh.9. it is made clear that this court has not entered into the merits of the case and therefore, the learned principal district judge, rajkot shall decide exhibit-5 application being uninfluenced of the earlier orders dated 30.11.2010 & 09.12.2010 passed by the learned 4^th addl. sr. civil judge, rajkot and also by this order.10. with the above observations and directions, the petitions stand disposed of. direct service is permitted for both the sides.

Judgment:
1. All these petitions arise out of the common orders and therefore, they are disposed of by this common judgment.

2. In S.C.A. No.551/2011, challenge has been made to the order passed below application Exhibit-83 dated 30.11.2010 as also the order passed below application Exhibit-5 dated 09.12.2010 filed in Civil Misc. Appeal No.565/2008 by the learned 4^th Addl. Sr. Civil Judge, Rajkot, whereby, application Exhibit-83 came to be rejected and application Exhibit-5 was allowed.

3. In S.C.A. No.16741/2010, challenge has been made to the order passed below application Exhibit-83 dated 30.11.2010 by the learned 4^th Addl. Sr. Civil Judge, Rajkot, whereas, in S.C.A. No.16745/2010, challenge has been made to the communication dated 19.04.2010 of the Principal District Judge, Rajkot, whereby, the concerned learned 4^th Addl. Sr. Civil Judge, Rajkot has been informed that it is not required to consider the application for revocation of the succession certificate and therefore, the matter be proceeded on merits.

4. Heard learned counsel for the respective parties at length and perused the documents on record. During the course of hearing, a consensus has been arrived at between the parties on the basis of which the following order is passed;

(i) The entire proceedings of Civil Misc. Appeal No.565/2008, including applications Exhibit-83 & 05 pending before the District Court, Rajkot are transferred and ordered to be placed before the learned Principal District Judge, Rajkot for decision on merits.

5. The learned Principal District Judge, Rajkot will take up the hearing of Exhibit-5 application on 01.02.2011, on which date all the parties shall remain present before him, either personally or through their Advocates and after the Exhibit-5 application is decided, the learned Principal District Judge, Rajkot shall proceed with the hearing of Civil Misc. Appeal No.565/2008.

6. The orders passed below applications Exhibit-83 & 05 dated 30.11.2010 & 09.12.2010 respectively passed by the learned 4^th Addl. Sr. Civil Judge, Rajkot, as also the communication dated 19.04.2010 of the learned Principal District Judge, Rajkot, shall remain in abeyance until Civil Misc. Appeal No.565/2008 is decided afresh by the learned Principal District Judge, Rajkot.

7. The learned Principal District Judge, Rajkot shall render its decision on Civil Misc. Appeal No.565/2008 on or before 30.06.2010.

8. Both the sides shall maintain status quo until the learned Principal District Judge, Rajkot proceeds with the hearing of Exhibit-5 application afresh.

9. It is made clear that this Court has not entered into the merits of the case and therefore, the learned Principal District Judge, Rajkot shall decide Exhibit-5 application being uninfluenced of the earlier orders dated 30.11.2010 & 09.12.2010 passed by the learned 4^th Addl. Sr. Civil Judge, Rajkot and also by this order.

10. With the above observations and directions, the petitions stand disposed of. Direct service is permitted for both the sides.