SAJEDABANU JAFAR ABBAS MERCHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr H. S. Tolia, learned advocate for the applicant, Mr G. M. Joshi, learned advocate for respondent No. 2 and Mr Maulik Nanavati, learned APP for respondent No. 1-State.

(2.) IT is an undisputed fact that the original complainant was party before the Chief Judicial Magistrate, Bhavnagar and he has also filed reply of Exh. 11 which was submitted by the original accused contending that, as no cause of action for committing offence at Bhavnagar had arisen, the complaint is required to be sent to the Court which has territorial jurisdiction to try the case. The said application was rejected by the learned Chief Judicial Magistrate, Bhavnagar vide order dated 17. 10. 2006. The said order is challenged by way of filing revision which is numbered as Criminal Revision Application No. 129/2006. The present petitioner-original complainant is not joined as party in the said revision and no notice was issued to the original complainant.

(3.) THE learned 2nd Addl. Sessions Judge, Bhavnagar has decided the said application without giving opportunity to the complainant as he was not a party and allowed the said Revision Application and set aside the order passed by the learned Chief Judicial Magistrate.