Upon issuance of notice, Mr. Akbarbhai Noormohammad Guliwala - respondent No.2 appears in person and seeks time to file affidavit in reply.
However, considering the fact that the learned Additional Sessions Judge, Court No.2 has recorded certain incorrect findings of fact with regard to requirement of the applicant herein to file an application before learned Magistrate inasmuch as the application filed before the learned Magistrate reveals that a complete prayer was made and challenge was to such order of the learned Magistrate.
In the circumstances, more particularly when the petitioner has to travel abroad and needs passport, at this stage, I am inclined to grant alternative prayer by directing the learned Metropolitan Magistrate, Court No.1, Ahmedabad to decide and dispose of Criminal Misc. Application No.1519 of 2011 on or before 06.03.2012. The matter shall be proceeded accordingly and report be submitted to this Court.
Post the matter on 7th March, 2012.
Direr service is permitted.
[Anant S. Dave, J.] *pvv Top