VIPUL CHAVDA OR SUCCESSOR IN THE OFFICE OF THE DEPUTY DIRECTOR OF INCOME Vs. STATE OF GUJARAT & 3 ORS.

JUDGEMENT

(1.) The respondents Nos. 3 and 4, although served with the notice issued by this Court, yet have chosen not to remain present before this Court either in person or though an advocate and oppose this application.

(2.) Rule returnable forthwith. Mr. Devnani, the learned APP, waives service of notice of rule for and on behalf of the respondent No. 1 and Mr. Radhesh Vyas, the learned counsel, waives service of notice of rule for and on behalf of the respondent No.

(3.) By this application under Article 227 of the Constitution of India, the applicant-Deputy Director of Income Tax calls in question the legality and validity of the order dated 4th October, 2017 passed by the J. M. F. C, Kathor, District: Surat below Exh. 3 (Muddamal Application) in connection with the first information report being C. R. No. I-253 of 2016 registered with the Kamrej Police Station, Surat for the offence punishable under sections 34, 120B, 394A read with 114 of the Indian Penal Code, which on conclusion of the investigation and filing of the charge-sheet, culminated in the Criminal Case No. 726 of 2017 in the Court of the JMFC, Kathor, Taluka: Kamrej, District: