(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.) By way of present application under Section 439(2) of the Code of Criminal Procedure, 1973 (for short "Code"), the applicant herein - original complainant has prayed as under:
(3.) Pursuant to the notice issued by this Court the respondents - accused appeared through learned advocate Mr. Devendra Pandya who sought time on two occasions and the matter is ultimately taken up for hearing today. The respondents - accused have not filed any affidavit in reply in the matter.