BHARUCH TEXTILE MILLS LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Aforesaid petitions have been filed by the petitioner against the common order passed below exh.23 in Criminal Case No.23104 of 1994 with allied matters filed by the present petitioner-original complainant directly in the Court of learned Chief Judicial Magistrate at Bharuch. After verifying the same, Court has issued the order under sec.156(3) of Cr.P.C. and directed the Police to investigate the matter. In turn, Police has investigated the matter and at the end of investigation, Police has submitted the charge-sheet. In the meanwhile, present respondent-original accused has filed the proceedings in the High Court under sec.482 and above proceedings took its own time and after its disposal, the Court below has taken cognizance by framing the charge. During that period, prosecution thought it fit and necessary to further investigate the matter and they have submitted application seeking formal permission under sec.173(8) of Cr.P.C. before the learned Chief Judicial Magistrate. When it has come up for hearing, learned Magistrate, after considering the facts and arguments of the respective parties including the learned counsel for the accused, has passed the order rejecting the applications. Against that, present Criminal Revision Applications have been preferred in which, notices were issued.

(2.) Today, learned counsel, Mr.Anand Bhatt, has made a statement before the Bar that he has got instruction to appear on behalf of the original accused and, therefore, previous order dated 17-3-1999 passed by this Court deleting the names of respondents Nos.2 and 3 may be recalled for which, learned counsel for the petitioners has no objection. Therefore, I recall the previous order.

(3.) I have heard learned counsel for the respondents Nos.2 and 3-original accused without taking into consideration whether they have any locus standi to argue the matter or not.