IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 883 of 1998 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 -------------------------------------------------------------- ABDUL RAHEMAN ABDUL HAKIM CHADNIWALA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: Mr.JP JAPEE for Petitioner MR HH PATEL APP for Respondent No. 1 None present for Respondent No. 2 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 09/01/2001 ORAL JUDGEMENT Heard learned counsel for the parties. Learned counsel for the respondent No.1 raised a preliminary objection re. maintainability of this Special Criminal Application. It is contended that the order passed by JMFC, Himatnagar dated 6.8.1998 is revisable under Section 397 of the Criminal Procedure Code and as the petitioner has efficacious alternative remedy available, this petition is not maintainable. I find sufficient merits in this contention of the learned counsel for the respondent No.1. The order passed by JMFC, Himatnagar is revisable and as such the Special Criminal Application is dismissed only on this ground. Rule is discharged. Interim relief, if any, granted earlier stands vacated. The petitioner is directed to pay Rs.400/- as costs of this petition to the State of Gujarat. ******* *Pvv