PRAKASHKUMAR MANILAL SANGHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Pooja Choudhary, learned advocate for Mr. Bhargav K. Mehta learned advocate for the applicant, Mr. Shrenik R. Jasani, learned advocate for respondent Nos. 2 and 3 and Ms. Divyangna Jhala, learned APP for respondent No. 1.

(2.) Drawing attention of the Court to an order dtd. 26/11/2021, whereby notice came to be issued recording reason for issuing notice relying decision of the Supreme Court in the case of Manharibhai Muljibhai Kakadiya v. Shaileshbhai Mohanbhai Patel, reported in (2012) 10 SCC 517, as it was contended on behalf of the petitioner - original accused No. 2 that when private complaint filed against him as an accused came to be dismissed, the complainant, while preferring a revision application, has to join accused in whose favor there was an existing order of dismissal of a complaint. Having failed to join petitioner - accused as party respondent in a revision application filed by the original complainant before the revisional Court, would be rendered illegal as petitioner - accused is not given a right of hearing in the revision application.

(3.) Mr. Shrenik R. Jasani, learned advocate for the contesting respondents, candidly submitted that the aforesaid Supreme Court decision squarely applies to the facts of the present case and he cannot come out of the same.