DILIPKUMAR DANABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of Rule for the respondent State and Mr.Gohil, learned counsel waives service of Rule for the respondent No.2.

(2.) With consent of learned counsel for the respective parties and considering the issue involved in the petition, present petition is taken up for final disposal.

(3.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners seek to challenge the legality and validity of the impugned order dtd. 21/8/2021 passed in Criminal Revision Application No.243/2021 by learned 11th Sessions Judge, Surat as well as the impugned order dtd. 4/8/2021 passed in Criminal Misc. Application No.672/2021 below Exh:1 by learned 10 th Additional Chief Judicial Magistrate, Surat, whereby, the private complaint filed by respondent No.2 for the offence punishable under the provisions of Indian Penal Code , referred to Assistant Commissioner of Police, Surat, for investigation under Sec. 156(3) of the Code of Criminal Procedure ('the Code' for short).