PRAVINSINH JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Dhaval Kansara appearing on behalf of the applicant, learned Public Prosecutor Mr.Mitesh Amin appearing with learned APP Ms.Mehta for the respondent State, learned Advocate Mr.Arjun M. Joshi appearing for respondent No.3, and learned Advocate Mr. B. C. Dave for respondent No.4 in Criminal Misc. Application No.1799 of 1996; and learned Advocate Mr.S.M. Vatsa on behalf of the applicant, learned Public Prosecutor appearing with learned APP Ms.Mehta for the respondent State, and learned Advocate Mr.Vijay Patel for M/s.H.L. Patel and Advocates appearing for respondent No.2 in Criminal Misc. Application No.5959 of 1999.

(2.) Both these applications challenge a Criminal Complaint filed before the learned JMFC, Bhanvad, Jamjodhpur being Criminal Case No.93 of 1992, and whereas an order passed by the learned JMFC taking cognizance of the complaint and issuing process under Sec. 204 of Cr.P.C., against the accused in the complaint for the offences punishable under Ss. 325, 323 and 114 of IPC, is also impugned in Criminal Misc. Application No.5959 of 1999. It would be pertinent to mention herein that the complaint appears to have been filed by the complainant on 21/12/1990, and whereas the learned Magistrate had passed the above referred order issuing process on 24/4/1992.

(3.) Brief facts leading to filing of the present applications, as far as relevant for the present purpose, are narrated herein below:-