KIRTIBHAI MADHAVLAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1156 of 2004 has been filed by the appellant-Kirtibhai Madhavlal Joshi, original accused No. 4 in P.O.T.A. Case No. 3 of 2004, Criminal Appeal No. 1157 of 2004 has been filed by the appellant-Mahesh Narsidas Patel, original accused No. 1 in P.O.T.A. case No. 5 of 2004 (supplementary charge- sheet) and Criminal Appeal No. 1156 of 2004 has been filed by the appellant-Prahladbhai Prabhudas Patel, original accused No. 3 in P.O.T.A. Case No. 3 of 2004 against the common order dated 11-5-2004 passed by the learned Special Judge (P.O.T.A.) below Exhs. 105, 106 and 107 in Special (P.O.T.A.) Case No. 3 of 2004 and Exh. 2 in Special (P.O.T.A.) Case No. 5 of 2004 whereby the applications filed by the present appellants accused and accused No:. 1 and 2 namely, Mohamed Yasin Ibrahim Noor and accused Mohamed Kasim Mohamed Yasin Noor for discharge under Sec. 227 of the Code of Criminal Procedure (hereinafter referred to as "the Code" for short) and Sec. 33 of the Prevention of Terrorism Act (hereinafter referred to as "the Act" for short) were rejected.

(2.) It may be stated at this stage that in all five accused have preferred applications before the learned Special P.O.T.A. Court for discharge and same have been disposed of by way of aforesaid common order.

(3.) Against the said order, accused Nos. 1 and 2 of P.O.T.A. Case No. 3 of 2004 namely, Mohamed Yasin Ibrahim Noor and Mohamed Kasim Mohamed Yasin Noor had jointly preferred appeal being Criminal Appeal No. 1284 of 2004. However, at the end of arguments, learned Advocate, Mr. A. P. Shah, appearing for the said appellants-accused Nos. 1 and 2 sought permission of the Court to withdraw the same. Hence, said appeal was disposed of as withdrawn by this Court vide order dated 24-2-2006 after giving opportunity of hearing to learned Counsel appearing for the respective parties.