FARIDA YUSUG IBRAHIM MULLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant-original complainant is before this Court being aggrieved by judgment and order dated 19.04.2005 passed by the learned Sessions Judge, Navasari in Criminal Revision Application No.8 of 2005 whereby the learned Judge is pleased to allow the revision application and quash the order passed below Exhs.13 and 42 in Criminal Case No.3086 of 2003 and also quashing of the process issued against accused No.2 (applicant in Criminal Revision Application). In the later part of the operative order, the learned Sessions Judge has stated that the original complainant can take necessary action against accused No.2 after obtaining prior sanction of the Central Government, as contemplated under Section 188 of the Criminal Procedure Code.

(2.) At the out set, it is required to be mentioned that the Criminal Revision Application, a certified copy of which is made available by the learned advocate Mr.Z.F.Bharada, was filed only against order passed below Exh.42 in Criminal Case No.3086 of 2003 dated 02.02.2005. What made the learned Sessions Judge to expand the scope of the revision application and quash the order passed below Exh.13 in Criminal Case No.3086 of 2003 is not borne out from the record. On this ground alone, the order deserves to be quashed and set aside.

(3.) Besides, even on merits, the order passed by the learned Sessions Judge deserves to be quashed and set aside as discussed hereinbelow: