MAKANBHAI CHHANABHAI @ DHANABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the parties have requested the Court to dispose of this matter at this stage in light of the decision of Supreme Court in case of Manharibhai Muljibhai Kakadia Vs. Shaileshbhai Mohanbhai Patel, 2012 10 SCC 517 and remand the matter back to the learned Sessions Judge for deciding the Criminal Revision Application No. 460 of 2011 afresh after hearing the petitioners in whose favour the order was made by learned Magistrate dismissing the complaint under Section 203 of the Code of Criminal Procedure. Hence, the matter is taken up for final disposal. Rule. Mr. Jadeja, learned advocate and Mr. Kodekar, learned APP waives service of notice of Rule on behalf of respondent Nos. 2 and 1 respectively. With consent, Rule is fixed forthwith.

(3.) The Court is of the considered with that as there appears to be no dispute qua the proposition of law annunciated in case of Manharibhai Muljibhai Kakadia and as it is admittedly come on the record that in Revision Application, present petitioners were not joined as parties, the order allowing the Revision Application has become vulnerable and unsustainable if the Court observed anything on merits, that may have adverse impact upon the other side and therefore, apropos request of both the counsel, the Court is not examining anything on merits and without observing on merits only on the principle annunciated in the decision of the Supreme Court in case of Manharibhai Muljibhai Kakadia , the order dated 11.01.2012 and subsequent resultant order by the learned Magistrate dated 13.03.2012 are required to be quashed and set aside and they are accordingly quashed and set aside. The Court has not opined on merits of the Revision Application nor the Court has opined upon the contents of Revision Application, as a result thereof Revision Application No. 460 of 2011 will be revived and the Court shall hear the present petitioners by joining them as parties and decide the matter on merits without being influenced by the fact that earlier orders are quashed by this Court. The Special Criminal Application is allowed to aforesaid extent. Rule is made absolute.