LAWS(GJH)-2004-7-73

MAHENDRABHAI RAVJIBHAI PATEL Vs. AMBALAL PRABHUDAS PATEL

Decided On July 26, 2004
MAHENDRABHAI RAVJIBHAI PATEL Appellant
V/S
AMBALAL PRABHUDAS PATEL Respondents

JUDGEMENT

(1.) heard learned counsel appearing for the parties. The learned counsel appearing for the otherside mr.saurin mehta submitted that the revision application should be heard on merits and the same should be decided finally.

(2.) rule. Mr. Sudhir nanavati, learned counsel appearing for the respondent nos.1 and 2, waives formal service of rule on behalf of the respondent nos.l and 2. The formal service of rule is also waived by mr.k.t. dave, id. App. On behalf of the respondent no.3-state. The matter is taken up for final hearing on consent of the learned counsel appearing for the parties.

(3.) the present revision application is preferred by the petitioner-orig. Complainant under section 397 r/w. Section 401 of the criminal procedure code (hereinafter referred to as 'the code'); and the petitioner has prayed that the record and proceedings of the criminal case no.684/1993 tried by learned judicial magistrate first class, anand, be called for and the order imposing sentence be altered by enhancing the sentence accorded to the respondent nos.l and 2 (orig. Accused nos.1 and 2). It is pleaded that in view of the nature of offence, the sentence imposed is grossly inadequate and such a lenient punishment may give a wrong message to the society.