Rule.
Service of rule is waived by learned APP Mr. HL Jani for respondent No.1-State and learned advocate Mr. Parthiv Shah for respondents Nos. 2 to 6.
The present petition has been filed by the petitioner under Articles 11, 21, 226 and 227 of the Constitution of India as well as under sec. 482 of CrPC for the prayer regarding issuance of appropriate writ, order or direction for quashing and setting aside the impugned order passed by the Judicial Magistrate, First Class, Vadodara, dated 15.6.2010 and also for further direction to reject 'C' summary report.
Heard learned advocate P.P. Majmudar for the petitioner, learned APP Mr. Jani for respondent N.1-State and learned advocate Mr. Parthiv Shah for respondents Nos. 2 to 6.
Learned advocate Mr. Parthiv Shah has stated that he has no objection if the matter is remanded back to the Court of JMFC for deciding afresh. The learned APP has also stated that the matter may be remanded back to the court of JMFC for deciding afresh in accordance with law.
Therefore, the impugned order dated 15.6.2010 at Annexure-H is hereby quashed and set aside. The matter is remanded back to the Judicial Magistrate, First Class, Vadodara, for passing the order afresh in accordance with law on the basis of the material and evidence after affording an opportunity to both the sides. The Judicial Magistrate, First Class, Vadodara shall pass the order on merits without being influenced by this order as expeditiously as possible.
The petition stands allowed. Rule made absolute. D.S. Permitted.
(Rajesh H. Shukla, J.) (hn) Top