YATIN NARENDRABHAI OZA Vs. KISHORE N BHATT

JUDGEMENT

(1.) AS both the petitions have a bearing on each other, they have been argued together by the learned counsel for the respective parties.

(2.) SPECIAL Criminal Application No.3145 of 2015 is directed against the Notice dated 04.05.2015, issued by the learned Chief Metropolitan Magistrate, Ahmedabad, in Criminal Misc. Application No.138 of 2015, filed by Nos.1, 2, 4 and 5, whereby, the petitioner was directed to appear either personally, or through an advocate, before the Court on 22.05.2015. Criminal Misc. Application No.138 of 2015 came to be filed by respondents Nos.1, 2, 4 and 5 under Section 410 of the Code of Criminal Procedure, 1973 ("the Code") with a prayer to call/transfer Criminal Case No.205 of 2014 (filed by the petitioner) from the Court of the learned Additional Chief Metropolitan Magistrate, Court No.9, and to try and decide the same. A further prayer has been made to stay the trial of Criminal Case No.205 of 2014 pending in the Court of Additional Chief Metropolitan Magistrate, Court No.9, till the final disposal of Criminal Misc. Application No.138 of 2015.

(3.) SPECIAL Criminal Application No.3455 of 2015 has been preferred by the petitioners who are respondents Nos.1, 2, 4 and 5 in Special Criminal Misc. Application No.3145 of 2015, challenging the order dated 11.05.2015, passed by the learned Additional Chief Metropolitan Magistrate, Court No.9, Ahmedabad, rejecting the application at Ex.94, wherein it is prayed that the Court should stay the proceedings of Criminal Case No.205 of 2014 till a decision is not rendered in Criminal Misc. Application No.138 of 2015 (transfer application) and Special Criminal Application No.3145 of 2015 filed before this Court.