The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India with the following main prayer:
"[A] This Hon'ble Court may be pleased to issue a writ of mandamus or any other writ, order or direction to the concerned Metropolitan Court, Ahmedabad to issue process against the accused persons u/s.354 of the I.P.C. in the interest of justice"
2. Ms.Jaimini H. Vyas, petitioner appearing as party-in-person, submits that the learned Additional Principal Judge, City Civil Court, Ahmedabad erred in recording finding that in the complaint filed by the complainant she had not stated about snatching of her dupatta and assault by one Kaushal Shah with an intention to outrage her modesty. It is further submitted that if the complaint filed at Annexure-A before the learned Metropolitan Magistrate, Court No.22 is perused, in no uncertain terms the complainant had narrated the incident and if relevant clause of section 354 is not mentioned that would not preclude the learned Magistrate to read the complainant as a whole while passing the order.
3. On this short ground only, I am inclined to remand the matter. Accordingly, order dated 23.09.2010 passed by the learned Additional Principal Judge, City Civil & Sessions Court, Ahmedabad [Evening Court] and order dated 09.07.2010 passed by the learned Metropolitan Magistrate, Court No.18, Ahmedabad are hereby quashed and set aside and the matter is remanded to the concerned learned Metropolitan Magistrate to decide Criminal Case No.335 of 2010 afresh in accordance with law. It will be open for the petitioner-complainant to produce relevant record pertaining her injury and other such evidence.
Considering the nature of proceedings, presence of the accused is not necessary and they are ordered to be deleted from the cause title.
Accordingly, this application is allowed.
[Anant S. Dave, J.] *pvv Top