Heard Mr.M.M.Saiyad, learned advocate for the petitioner-original accused and Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent no.1-State.
Perusing the petition, so also the papers annexed with this application, it transpires that the applicant who was original accused came to be acquitted by the concerned learned Judicial Magistrate First Class, Bharuch, in private criminal complaint case instituted by the respondent no.2 herein. The respondent no.2 herein appears to have challenged the said acquittal order recorded in a private criminal complaint other than the police case before the concerned Sessions Court.
Considering the fact, so also considering the provisions contained under Section 372 read with Section 378 of the Code of Criminal Procedure, more particularly, Section 378(4) of the Code of Criminal Procedure, it transpires that an arguable question is involved in this matter and hence, Rule returnable on 9th March,2012.
Mr.K.P.Raval, learned Additional Public Prosecutor for the respondent no.1-State appears and waives service of Rule for the respondent no.1-State. Interim-relief in terms of Para-7(C) is granted till further order.
(J.C.UPADHYAYA,J.) Girish Top