ACCESS & ASSOCIATES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.K.P. Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 and Mr.Hardik Dave, learned advocate waives service of notice of Rule on behalf of respondent Rule.No.2.

(2.) By way of the present application u/s. 397 read with Sec. 401 and 482 of the Code of Criminal Procedure,1973, the applicants herein - original accused, have challenged the judgement and order dated 18/07/2012 passed by learned Additional Sessions Judge, Court No.19, City Sessions Court, Ahmedabad in Criminal Appeal No.80 of 2011, mainly on the ground that learned Appellate Court while allowing the appeal filed by the appellant, ought not to have remanded the case to the learned Metropolitan Magistrate with a direction to decide the complaint afresh but ought to have held that the Magistrate had no power u/s.204(4) of the Code of Criminal Procedure, to recall his order of dismissal of the complaint, when the complaint was dismissed for non-prosecution.

(3.) Brief facts, emerge from the record of the case, are as under: