IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 1124 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- MUSHARAKHAN GOREKHAN Versus STATE OF AGUJARAT -------------------------------------------------------------- Appearance: THROUGH JAIL for Petitioner MS HANSA B PUNANI for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 18/01/2000 ORAL JUDGEMENT #. Heard the learned counsel for the respondent and perused the application of the petitioner. #. Rule. Ms.Hansa B. Punani waives service of Rule on behalf of respondent. #. The petitioner, by this application, prayed for direction to the concerned authority to remove Cr.P.C. Section 268 and to transfer him from high security yard to general yard of Central Prison, Ahmedabad. In the application, it is stated by petitioner that though earlier he was booked under TADA but at the time of framing of charges, TADA was removed by the designated court. #. This matter has to be decided by the competent authority. This special criminal application is disposed of in the terms that the application of the petitioner made to this court be first considered by the competent authority and to decide the same in accordance with law. The decision taken be intimated to the petitioner and in case the petitioner is not satisfied with it, it is open to him to apply for revival of this special criminal application. The Rule and special criminal application stand disposed of accordingly with no order as to costs. ....... [sunil]