MUMTAZ AKHTARKHAN PATHAN Vs. AKHTARKHAN AYUBKHAN PATHAN

JUDGEMENT

(1.) RULE. Shri Zubin Bharda, learned advocate waives service of notice of Rule on behalf of respondent No.1 to 4 and Shri L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.5. In the facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, present application is taken up for final hearing today.

(2.) PRESENT application has been preferred by the applicant herein ? original complainant to recall the order dated 09.02.2012 in Criminal Miscellaneous Application No.1003 of 2011 and/or to modify the same by deleting the observations and the operative portion so far as original petitioner No.1 is concerned. It is submitted by Shri Jigar Raval, learned advocate appearing on behalf of the applicant herein ? original respondent No.2 ? original complainant that infact at the time of hearing of the main Criminal Miscellaneous Application, Shri Bharda, learned advocate appearing on behalf of the applicant did not press the main Criminal Miscellaneous Application so far as original petitioner No.1 is concerned and therefore, the said application was required to be considered only with respect to respondent Nos.2 to 4 and by mistake the observations are made with respect to original petitioner No.1 and in the operative portion of the order, the charge-sheet/complaint is set aside qua original petitioner No.1 also by mistake. Therefore, it is requested to allow the present application.