RAVIKUMAR RAJNIKANTBHAI PATEL Vs. VISHAL MANSUKHLAL BHAVANI

JUDGEMENT

(1.) Heard Mr. Ajay Jagirdar, learned advocate for the applicant - original complainant and Mr. Kartik K. Joshi, learned advocate for the respondent Nos.1 and 2 - original accused and Mr. Bhargav Pandya, learned APP for the respondent No.3 - State.

(2.) Rule returnable forthwith. Mr. Kartik K. Joshi, learned advocate waives service of Rule on behalf of the respondent Nos.1 and 2- original accused and Mr. Bhargav Pandya, learned APP waives service of Rule on behalf of the respondent No.3 - State.

(3.) This is an application seeking leave to appeal under Sec. 378(4) of the Code of Criminal Procedure, challenging the judgment and order dtd. 18/1/2022 passed by the learned Additional Senior Civil Judge and Chief Judicial Magistrate First Class, Surat. By the said judgment and order, learned Magistrate has proceeded to dismiss the complaint solely on the ground that the original complainant being reported to have expired on 25/2/2018 and since last two years, heirs of deceased complainant have chosen not to proceed with the complaint. The Criminal Case was treated as abated.