1. RULE. Shri Pratik Jasani, learned advocate waives service of notice of rule on behalf of respondent no. 1 and Ms.
C.M. Shah, learned APP waives service of notice of rule on behalf of respondents nos. 2 and 3.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present Criminal Revision Application is taken up for final hearing today.
3. The present Criminal Revision Application has been preferred by the applicant-original respondent no. 1 in Criminal Revision Application No. 12/2012 to quash and set aside the judgment and order dated 23/04/2012 passed by the learned 2nd Additional Sessions Judge, Jamnagar in Criminal Revision Application No. 12/2012 by which the learned revisional Court has allowed the said Revision Application preferred by respondent no. 1 herein and has remanded Case No. 1/2011 to the learned Executive Magistrate, Jamnagar (Rural).
4. Shri Tirmizi, learned advocate appearing on behalf of the applicant has stated that on one hand the learned revisional Court has decided the entire case on merits and thereafter has remanded the matter to the learned Executive Magistrate. It is submitted that once there are observations made by the learned revisional Court on merits, the learned executive Magistrate is bound to be influenced by the same and, therefore, it is requested to quash and set aside the impugned judgment and order passed by the learned revisional authority. It is submitted that he has no objection if the matter is remanded simplicitor by directing the learned Executive Magistrate to decide and dispose of Case No. 1/2011 afresh. However, the impugned judgment and order passed by the learned revisional Court making the observations on merits deserves to be quashed and set aside.
5. Shri Pratik Jasani, learned advocate appearing on behalf of respondent no. 1-original revisionists has stated at the bar that he has no objection if the impugned judgment and order passed by the learned revisional Court making the observations on merits is quashed and set aside, however, the order passed by the learned revisional Court remanding the matter to the learned executive Magistrate be confirmed by further directing the learned Executive Magistrate to decide and dispose of Case No. 1/2011 afresh in accordance with law and on its own merits. He has stated at the bar that respondent no. 1 shall appear before the learned executive Magistrate and cooperate to decide and dispose of the aforesaid case on remand at the earliest.
6. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties, the impugned judgment and order passed by the learned 2nd Additional Sessions Judge, Jamnagar dated 23/04/2012 in Criminal Revision Application No. 12/2012 is hereby quashed and set aside so far as making observations on merits by the revisional Court is concerned and is confirmed only qua remanding the matter to the learned Executive Magistrate, Jamnagar (Rural) and now the learned Executive Magistrate, Jamnagar (Rural) to decide and dispose of the same in accordance with law and on its own merits without, in any way, being influenced by impugned order passed by the revisional Court, afresh in accordance with law and on its own merits at the earliest but not later than three months from the date of receipt of the present order. All concerned are directed to cooperate with the learned Executive Magistrate, Jamnagar (Rural) to decide and disposed of the case, on remand, at the earliest and within the stipulated time stated hereinabove. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(M.R. SHAH, J.) siji