LALABHAI CHHELABHAI BHARWAD Vs. STATE OF GUARAT

JUDGEMENT

(1.) The petitioner has filed this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of acquittal rendered by learned J.M.F.C., Petlad on 30-4-2001 in Criminal Case No. 955 of 2000 acquitting respondents No. 2 to 7 for the offences punishable u/ss 147, 148, 149, 352, 337, 435 and 504 of the I.P. Code.

(2.) On the basis of complaint file by Lalabhai Chhelabhai Bharwad before Mahelav Police Station offence was registered as I - CR No. 12 of 2000 and investigation was started. On completion of investigation charge sheet was laid before the court concerned. Thereafter, learned J.M.F.C., Petlad framed charge at Exh. 4 against the accused for the aforesaid offences. The charge was read over and explained to the accused who denied having committed the offence and claimed to be tried. Therefore, the prosecution examined the witnesses. The summons were issued to the complainant and the witnesses but were returned unserved with a certificate of Talati-cum-Mantri of Gram Panchayat that Bharwads are not residing in the village. Therefore, learned J.M.F.C., Petlad closed evidence of the prosecution observing that despite giving sufficient opportunities the prosecution has not ascertained exact address of the witnesses and not adduced evidence against the accused and acquitted respondents No. 2 to 7 for the offences charged against them. Therefore, original complainant has preferred this Criminal Revision application.

(3.) I have heard learned advocate Mr.H.M. Parikh for the petitioner and leaned advocate Mr. L.R. Pathan for respondents No.2 to 7 and learned A.P.P. Ms. Meeta Panchal for respondent No.1 = State at length and in great detail.