MANHARBHAI MULJIBHAI KAKADIA Vs. SHAILESHBHAI MOHANBHAI PATEL

JUDGEMENT

(1.) The following reasons are being rendered in view of order dated 05th August, 2005, passed by this Court, by which the above mentioned Criminal Misc. Application was dismissed.

(2.) By way of this oral judgment, as agreed by the counsel who have addressed the Court, this Criminal Misc. Application, initiated in reference to the Inquiry Case No.26 of 2004 filed in the Court of ld.JMFC, Surat, is being disposed of because the Criminal Revision Application is the main proceeding and by filing Criminal Misc. Application, the orig.accused of Inquiry Case had prayed that they should be joined as party respondents in the Criminal Revision Application moved by the orig.complainant of the Inquiry Case and the application should be heard on merit while dealing with Revision Application.

(3.) The above mentioned Revision Application is moved before this Court directly, though the same could have been filed in the Court of Sessions, having concurrent jurisdiction to deal with the Revision Application. Having considered the contentions raised in the memo of the Criminal Misc. Application as well as the Criminal Revision Application and earlier orders passed by this Court in reference to criminal proceedings initiated on the controversy of genuineness of certain documents and the dispute of an immovable property i.e. land, the Court is not inclined to direct the petitioner to approach the Sessions Court initially by moving Revision Application because this may add one more litigation and the counsel who have addressed the Court including the ld.APP for the State, have not raised this aspect before this Court.