HANUBHAI BHIMABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (' Cr.P.C .', for short), the petitioner has challenged the order dtd. 10/7/2018 passed by the learned 2nd Additional Sessions Judge, Dhrangadhra in Criminal Revision Application No.13 of 2018 confirming the order dated 15.012.2017 passed by the learned Additional Chief Judicial Magistrate, Dhrangadhra in Criminal Case No.624 of 2015.

(2.) It is the case of the petitioner that the petitioner is the husband of original complainant viz. Gitaben Hanubhai Vaghela, who lodged an FIR being I- C.R.No. 60 of 2013 registered on 22.05.20213 before Dhrangadhra Police Station, Surendranagar for offences under Ss. 323 , 324 , 504 of Indian Penal Code as well as under Sec. 135 of the Bombay Police Act against two persons viz. (1) Thobhanbhai Virabhai Rathod and (2) Dilipbhai Devjibhai Rathod, both are the residents of Village Khambhda, Tal: Dhrangadhra.

(3.) Heard learned advocate Mr.Rahevar, who though vehemently submitted that the order passed by learned Additional Chief Judicial Magistrate, Dhrangadhra and confirmed by learned 2nd Additional Sessions Judge are erroneous, he could not point out any contrary provisions of law whereby the orders can be said to be erroneous. Learned advocate Mr.Rahevar also does not have any instructions about the stage of the trial. He states that though in the year 2018 the trial was going out, however, thereafter he is not in touch with the petitioner and absolutely unaware about the stage of the trial. Learned advocate Mr.Rahevar, upon inquiry from the Court, also could not point out that petitioner being witness what locus he has to seek further investigation as he is neither the complainant nor the Investigating Officer.