1.00. Present Criminal Revision Application under section 397 read with section 301 of the Code of Criminal Procedure has been preferred by the petitioner - original complainant to quash and set aside the impugned Judgement and Order passed by the learned Principal Sessions Judge, Gandhinagar in Criminal Revision Application No. 33 of 2012 dtd.15/5/2012, by which the learned Sessions Judge has allowed the said Revision Application preferred by the respondent Nos.2 to 4 herein – original accused and has quashed and set aside the order passed by the learned trial court – learned 5th Additional Chief Judicial Magistrate, Gandhinagar below Ex.5 in Criminal Case No. 12717 of 2008 and consequently has discharged the revisionists – respondent Nos.2 to 4 herein – original accused from the charges levelled against them for the offence punishable under section 394 of the Indian Penal Code. 2.00. Considering the fact that the Sessions Court has passed the impugned order and discharged the accused for the offence under section 394 mainly and solely relying upon the report of the Gujarat State Human Right Commission dtd.24/9/2008 which is recommendatory to the concerned police officer and not binding to the learned Magistrate and the learned Revisional Court has not considered anything on merits and/or has discussed nothing on merits, there is broad consensus between the learned advocates appearing on behalf of the respective parties that the impugned order passed by the revisional court in Revision Application No. 33 of 2012 be quashed and set aside and the matter be remanded to the learned revisional court to decide the same in accordance with law and on merits without in any way being influenced by the report of the Gujarat State Human Right Commission dtd.24/9/2008. The learned advocates appearing on behalf of the respective parties do not invite reasoned order and therefore, this Court is not assigning further reasons while allowing the present Revision Application and quashing and setting aside the impugned order passed by the revisional court and remanding the matter.
3.00. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties recorded hereinabove, and without expressing any opinion on merits in favour of either of the parties, present Criminal Revision Application is allowed and the impugned Judgement and Order passed by the learned Sessions Judge, Gandhinagar in Criminal Revision Application No.33 of 2012 dtd. 15/5/2012 is hereby quashed and set aside and the matter is remanded to the Sessions Court, Gandhinagar to decide the said Revision Application afresh in accordance with law and on merits, and after giving an opportunity of being heard to all the concerned, however, without in any way being influenced by the report of the Gujarat State Human Right Commission dtd.24/9/2008 which is recommendatory in nature and not binding to the Court. The aforesaid exercise shall be completed within a period of three months from the date of receipt of the writ of the present judgement and order. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
[M.R. SHAH, J.] rafik