(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State of Gujarat and Mr. Devendra Pandya, learned advocate waives service of notice of Rule on behalf of the private respondents - original accused.
(2.) Mr. Premal Rachh, learned advocate for the applicant does not press the present application qua respondent No.2 - Mehbub @ Shero Abu Sandhi. Hence, present application is disposed of as not pressed qua respondent No.2.
(3.) By way of present application under section 439(2) of the Code of Criminal Procedure, 1973 (for short "Code"), the applicant herein has prayed as under: