STATE OF GUJARAT Vs. KETAN AMRUTLAL SHAH

JUDGEMENT

(1.) CRIMINAL Revision Application No.626 of 2010 has been filed by the State-original complainant under Section 397 read with Sec.401 of the Code of CRIMINAL Procedure and under Sec.482 of the Code of CRIMINAL Procedure seeking to quash and set aside judgment and order dated 19-10-2010 passed in CRIMINAL Appeal No.18 of 2008 by the learned Addl. Sessions Judge, 3rd Fast Track Court, Ahmedabad (Rural) at Mirzapur whereby judgment and order of acquittal dated 7-6-2008 passed in CRIMINAL Case No.10056 of 2007 by the learned Chief Judicial Magistrate, Ahmedabad (Rural) at Mirzapur, was confirmed.

(2.) WHEREAS Criminal Revision Application No.57 of 2011 has been filed by the original accused under Section 397 read with Sec.401 of the Code of Criminal Procedure being aggrieved and dissatisfied with the judgment and order dated 18-1-2011 passed in Criminal Appeal No.70 of 2010 by the learned Addl. Sessions Judge and Fast Track Court No.2, Ahmedabad (Rural), Mirzapur, confirming the judgment and order dated 24-12-2010 passed in Cri.Misc.Appln.No.1776 of 2010 by the learned Chief Judicial Magistrate, Ahmedabad (Rural) at Mirzapur rejecting the application to release the muddamal.

(3.) ON having acquitted at the end of trial, the original accused preferred Cri.Misc.Appln.No.1776 of 2010 before the learned Chief Judicial Magistrate for release of muddamal seized in Criminal Case NO.10056 of 2007. However, said application was rejected by the learned Chief Judicial Magistrate, Ahmedabad (Rural) vide order dated 24-12-2010 as above referred Cri.Revision Appln.No.626 of 2010 filed in this Court by the original complaint was pending for final disposal. Feeling aggrieved by the said order, appeal being Criminal Appeal No.70 of 2010 preferred by the accused before the Sessions Court was also rejected by the learned Addl. Sessions Judge and Fast Track Court No.3, Ahmedabad (Rural), Mirzapur, which is giving rise to prefer Criminal Revision Application No.57 of 2011 by the accused.