(1.) AS common question of law and facts arise in Special Criminal Application Nos.696/2011 and 697/2011 and are between the same parties and rest of the Criminal Miscellaneous Applications and Special Criminal Applications are interconnected and with respect to the criminal case pending between the parties before the learned trial Court, all these petitions and applications are heard together and disposed of by this common order.
(2.) SPECIAL Criminal Application No.696/2011 has been preferred by the petitioner ? original accused Rajan Bholabhai Shah to quash and set aside the impugned judgment and order dated 10.03.2011 passed by the learned Principal Sessions Judge, City Civil Court, Ahmedabad in Criminal Revision Application No.467/2010 as well as the proclamation dated 19.10.2010 issued by the learned Metropolitan Magistrate, SPECIAL Court No.9 in Criminal Case No.5870/2010 (New) (Old Criminal Case No.982/2003).
(3.) SHRI Y.S. Lakhani, learned Senior Advocate has appeared with SHRI M.K. Vakharia, learned advocate appearing on behalf of the petitioner ? original accused and respondent No.2 has appeared in person through and alongwith his power of attorney Ms. Smita Patel, who has argued the matter on behalf of respondent No.2. SHRI K.P. Raval, learned Additional Public Prosecutor has appeared on behalf of the State in each of the petitions.