ORDER
1. By filing the present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following relief:
"A. YOUR LORDSHIPS, be pleased to Admit and Allow this Petition;
B. YOUR LORDSHIPS, be pleased hold and declare the strictures, observations and direction/s passed by the Ld. I/c Sessions Judge, Banaskantha District, Palanpur in Paragraph nos. 5.1, 6 & 9 of the common order dated 08.05.2026 passed in Criminal Misc. Application no. 458 of 2026 and allied matters to be bad, illegal, void, unconstitutional and de hors the jurisdiction of law, (Annexed at ANNEXURE-A) and consequentially;
C. YOUR LORDSHIPS, be pleased to Quash, Expunge and Delete the strictures, observations and direction/s passed by the Ld. I/c Sessions Judge, Banaskantha District, Palanpur in Paragraph nos.
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5.1, 6 & 9 of the common order dated 08.05.2026 passed in Criminal Misc. Application no. 458 of 2026 and allied matters (Annexed at ANNEXURE-A); D. During the pendency and final outcome of this Petition, YOUR LORDSHIPS, be pleased to immediately and without any furth delay stay the operation and implementation of strictures, observations and direction/s passed by the Ld. I/c Sessions Judge, Banaskantha at Palanpur contained in Paragraph nos. 5.1, 6 & 9 of the common order dated 08.05.2026 passed in Criminal Misc. Application no. 458 of 2026 and allied matters (Annexed hereto as ANNEXURE-A) and direct the respondents herein, and more particularly Respondent Nos. 2 to 5, to not take any other/further coercive steps in furtherance of the same; E. Pending the Admission, hearing and Final Disposal of this Petition be pleased to grant Ad- Interim relief in terms of Paragraph/s 9(B) & 9(D); F. Be pleased to dispense with the Affidavit in support of this Petition as the Petitioners are in Judicial Custody as on the present date; G. Such other and further relief/s as this the Hon'ble Court may deem fit, just and proper be granted in the facts and circumstances of present case and in the Interest of substantial justice;"
2. Learned Public Prosecutor Shri. Hardik Dave made a statement at the Bar that the order impugned in the petition directing the copy of the order dated 08.05.2026 passed by the learned In-charge Sessions Judge, Banaskantha, Palanpur being forwarded to the District Magistrate, Banaskantha, Principal Secretary-GAD, Gandhinagar, Chief Secretary-Government of
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Gujarat and the higher ups of the Police Department for the necessary implementation of the directions of the Hon'ble Supreme Court qua Mob-violence and Mob-lynching in case of 1) Kodungallur Film Society and 2) Tehseen Poonawalla be quashed since the learned In-charge Sessions Judge concerned, has tendered an unconditional apology for passing the said order before the learned Coordinate Bench.
3. Having regard to the aforesaid statement being made by learned Public Prosecutor, the petition stands allowed. The directions referred to hereinabove issued by the learned In- charge Sessions Judge in the order dated 08.05.2026 passed in Criminal Misc. Application No.458 of 2026 is hereby quashed and set aside.
(M. R. MENGDEY,J)
AHS
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