VIJAYAKUMAR NARSIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused nos. 1 and 2 ­ applicants herein, approached this court challenging the order dated 28.01.2008 passed by the learned Sessions Court, Anand in Criminal Revision Application No. 36 of 2006.

(2.) By the aforesaid order, the learned Sessions Judge ordered that the First Information Report No. 73 of 1996 lodged against the accused should be investigated into under the provisions of section 156(3) of the Criminal Procedure Code. By this order, therefore, he reversed the order of the Judicial Magistrate, First Class, Petlad who by his order dated 09.11.2000 ordered filing of 'B' Summary without prosecution. The effect of the order, therefore, which was initially under challenge by the applicant was that the investigation was directed to be carried on into the complaint lodged by the respondent.

(3.) It appears from the order dated 22.02.2008 passed by this court that the learned advocate for the petitioner sought permission and was so granted permission to delete prayer clause 15(B) and also was granted permission to modify prayer 15(D). By way of the initial prayer made in clause (D) of para 15, he had prayed for an interim relief against the order of the learned Sessions Judge, however, the modified prayer was to seek interim relief staying further investigation in complaint C.R. No. I- 73 of 1996 registered at Petlad (Rural) police station. Therefore, the learned advocate has withdrawn the challenge to the impugned order, by which the investigation was revived and ordered to proceed further.