VASHRAMBHAI NANUBHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Pratik Jasani, learned Advocate for the petitioner in Special Criminal Application No. 3236 of 2012 and for respondent no. 2 in Special Criminal Application No. 376 of 2013, Mr. P. B. Khandheria for petitioner in Special Criminal Application No. 376 of 2013 and for respondent no.2 in Special Criminal Application No. 3236 of 2012 and Ms. Moxa Thakkar, learned APP for State of Gujarat in both the petitions.

(2.) BY way of these petitions under Articles 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for the sake of brevity), the petitioner has challenged the order dated 25.10.2012 passed by learned Additional Sessions Judge, Rajkot at Dhoraji in Criminal Revision Application No. 52 of 2012 whereby the learned Additional Sessions Judge was pleased to allow the Revision Application by quashing and setting aside the order passed below Exhibit 62 and Exhibit 57 passed by the learned Additional Chief Judicial Magistrate, Dhoraji in Criminal Case No. 613 of 2012 and imposed certain conditions for releasing of the vehicle being XUV-500 No.GJ-03-EC-5728 bearing Chassis No. MA1YL2HJUC6B74472 and Engine No. HJC4B17559.

(3.) THIS Court (Coram : K.M.Thaker, J.) on 5.3.2013 while admitting the matters has passed the following order :