Bambhaniya requested postponement of framing of charges as the quashing petition in the matter has been pending with the SC.
Additional sessions judge SH Oza on Tuesday rejected three applications of Patidar leader Dinesh Bambhaniya who is accused in 2015 sedition case alongwith Hardik Patel, Ketan Patel, Chirag Patel and others. The court has adjourned the matter for further hearing till July 27 so as to enable the applicant to obtain appropriate order from the Supreme Court in this regard.
Bambhaniya requested postponement of framing of charges as the quashing petition in the matter has been pending with the SC. His other requests were to discharge him from the case and exempt him from personal appearance in the sessions court.
Bambhaniya’s lawyer BM Mangukia said that the sessions court should postpone framing of charges in the case as their quashing petition filed in the SC has been pending with three judges. He said that as part of judicial discipline, charges should not be framed when a matter is pending in the court.
Mangukia stated that Bambhaniya would not flee and thus he should be granted permission for personal exemption. Public prosecutor HM Dhruv and Amit Patel stated that the apex court has not granted any kind of stay in the case. Arguing that there is no such law that when a matter is pending in the court, the framing of charges should be postponed, the lawyers said the sessions court should complete the framing of charges and start trial in the case.
Stating that there are serious allegations and evidence against the accused Bambhaniya, they argued that he should not be exempted from personal appearance. They vehemently opposed his three pleas.
The sessions court observed that SC has not granted any kind of stay in the case thus it won’t be appropriate to postpone framing of charges in the case. Judge SH Oza observed that if the accused having serious charges against him is exempted from personal appearance in the case, it won’t be a good precedent in the society. At a time when charges are being framed, the court cannot grant any relief to them.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "laws-thinkstock")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}