RAMESHBHAI HIMMATBHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner-original accused nod. 7 to quash and set aside the impugned order passed by the learned Chief Judicial Magistrate dated 02/12/2006 in Criminal Inquiry Case No. 10/2005 directing to issue process against the petitioner for the offence punishable under Section 494 read with Section 114 of the Indian Penal Code as well as the impugned judgment and order passed by the learned revisional Court dated 26/02/2007 in Criminal Revision Application No. 9/2007 in dismissing the said Criminal Revision Application confirming the order passed by the learned Magistrate issuing process against the petitioner for the offence punishable under Section 494 read with Section 114 of the Indian Penal Code.

(2.) RESPONDENT no. 2-original complainant had filed the criminal Complaint against the petitioner and other accused persons in the Court of learned Chief Judicial Magistrate, Amreli for the offence punishable under Section 494 read with Section 114 of the Indian Penal Code, which was numbered as Criminal Inquiry Case No. 10/2005. It appears that thereafter after holding necessary inquiry under Section 202 of the Code of Criminal Procedure, the learned Chief Judicial Magistrate, Amreli by order dated 02/12/2006 directed to issue process against original accused nos. 1, 2 and 7 (inclusive of the petitioner-original accused no. 7) for the offence punishable under Section 494 and 114 of the Indian Penal Code. Being aggrieved and dissatisfied with the order passed by the learned Magistrate directing to issue process against the petitioner-original accused no. 7 the petitioner preferred Criminal Revision Application No. 9/2007 before the learned Sessions Court, Amreli and the learned Sessions Judge, Amreli by impugned judgment and order dated 26/02/2007 has dismissed the said Revision Application confirming the order passed by the learned Chief Judicial Magistrate, Amreli. Hence, the petitioner-original accused no. 7 has preferred the present Special Criminal Application under Article 227 of the Constitution of India.

(3.) IN view of the above stand taken by Shri Tolia, learned advocate appearing on behalf of respondent no. 2-original complainant recorded hereinabove, this Court is not assigning any further reasoned order while quashing and setting aside the order passed by the learned Chief Judicial Magistrate, Amreli directing to issue process against the petitioner for the offence punishable under Section 494 and Section 114 of the INdian Penal Code as well as while quashing and setting aside the impugned judgment and order passed by the learned Sessions Judge, Amreli in Criminal Revision Application.