Heard Mr.H.S.Tolia with Mr.P.B.Khandheria, learned advocates for the applicants, Ms.Moxa Thakkar, learned Assistant Public Prosecutor for respondent No.1-State and Mr.Hardik K. Raval, learned advocate for respondent No.2.
By way of this application, the applicants have challenged the order dated 31.08.2012 passed by Additional Sessions Judge, Gondal below Exh.34 in Criminal Revision Application No.4 of 2008 whereby the applicants-original accused were not permitted to be heard.
As such now the issue is covered by the Apex Court judgment rendered in the case of Manharbhai Muljibhai Kakadia & Anr. Vs. Shaileshbhai Mohanbhai Patel & Ors., 2012(10) SCC 517.
Learned counsel for the parties do not invite any reasons for entertaining and allowing this application on this short ground. Consequentially the impugned order dated 31.08.2012 is hereby quashed and the application Exh.34 in Criminal Revision Application No.4 of 2008 is hereby remanded to the revisional court for its re-hearing on merits.
It goes without saying that as the parties have consented, no reasons are assigned and the revisional court shall decide the aforesaid application Exh.34 de novo, without being influenced by the present order.
Rule is made absolute to the aforesaid extent. Direct service permitted.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Page 2 of 2