KAILASH GANGASAHAY GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr.Ekant Ahuja states that he has received instructions to appear on behalf of the original first informant. He is permitted to file his Vakalatnama in the Registry. Registry to accept the same.

(2.) At the outset, learned advocate Mr.Mangukiya appearing for the applicant has submitted that in the matter of co-accused, co-ordinate Bench of this Court has passed the order on 28.08.2020 in Criminal Misc. Application No.12310 of 2020, which reads as under:

(3.) In view of the above order passed by the co- ordinate Bench, the impugned order dated 25.08.2020 passed by the 5th Additional District and Sessions Judge, Ahmedabad (Rural) at Mirzapur, in Criminal Misc. Application No.1894 of 2020 is quashed and set aside. The matter is remanded back to 5th Additional District and Sessions Judge, Ahmedabad (Rural) at Mirzapur to decide the matter afresh and decide the issue of jurisdiction and if jurisdiction lies, decide the matter on merits, after hearing the learned advocates for the respective parties and pass a reasoned and speaking order, dealing with the contentions raised and those may be raised at the time of hearing, within a period of four weeks from the date of receipt of this order.