Rule.
Learned APP Mr.H.L. Jani for the respondent no.1 and learned counsel, Shri Zubin Bharda for the respondent no.2 waive service of notice of rule.
The present application has been filed by the petitioner-original respondent no.2 for modification of the order passed by this Court in Criminal Misc. Application No.14696/2012 dated 12.10.2012, which was confined to the respondent no.2 herein-original petitioner. The present petitioner has prayed as under :-
(A) YOUR LORDSHIP may be pleased quash and set aside the order dated 20.10.2012 passed by the Ld. Chief Judicial Magistrate & Add. Civil Judge, Rajkot on the Charge Sheet No.45A/2010 pertaining to F.I.R. being registered as C.R.No.I-383/2009 with Pradyuman Nagar Police Station, Rajkot as being illegal, arbitrary and without application of mind;
(B) YOUR LORDSHIP may be pleased to modify the order dated 12.10.2012 passed in Criminal Misc. Application No.14686/2012 to the effect that this Hon ble Court has allowed the petition qua the respondent no.2 (Original Petitioner) only and further be pleased to direct the Ld. Chief Judicial Magistrate & Add. Civil Judge, Rajkot to proceed further with the proceedings of Charge Sheet No.45A/2010 pertaining to F.I.R. being registered as C.R.No.I-383/2009 with Pradyuman Nagar Police Station, Rajkot against all the accused except Respondent No.2 herein, in accordance with law;
Learned counsel, Shri Pratik Jasani for the petitioner has submitted that the order passed by this Court in Criminal Misc. Application No.14696/2012, filed by the applicant therein, is very clear that it was qua the applicant of that application. He pointedly referred to the order passed in Criminal Misc. Application No.14696/2012 dated 12.10.2012. He emphasized last sentence of paragraph no.3 to emphasis that it was confined to the applicant as it is recorded qua THE applicant . He, therefore, submitted that the order passed by the Chief Judicial Magistrate & Add. Civil Judge, Rajkot, which is produced on record, is erroneous as he has proceeded on the wrong presumption that the High Court while passing the order in Criminal Misc. Application No.14696/2012 has quashed and set aside the entire proceedings of the FIR, which is erroneous.
Learned APP, Shri H.L. Jani for the respondent no.1-State has also stated that the order passed by the Chief Judicial Magistrate & Add. Civil Judge, Rajkot dated 20.10.2012 is erroneous and contrary to the order of this Court, which has been qua the applicant of Criminal Misc. Application No.14696/2012 and the same has specifically stated and observed in the order of this Court dated 12.10.2012. He further pointedly referred to the observations made by the Hon ble Apex Court in case of Rajmata Vijaya Raje Scindia (dead) Through Lrs. Vs. State of M.P. & Ors., reported in (2003) 12 SCC 429 that if out of several accused persons, the proceedings for quashing the criminal complaint are filed, it would be in respect of those, who have approached the Court and it could not be in favour of those, who have not approached.
In view of this, it hardly requires any modification or clarification. It appears that the Chief Judicial Magistrate & Add. Civil Judge, Rajkot has not taken pain to read the order of this Court passed in Criminal Misc. Application No.14696/2012 dated 12.10.2012, wherein it has been specifically observed that it is confined to the applicant when it has been observed qua the applicant . It is further required to be noted that the said Criminal Misc. Application No.14696/2012 was filed only one applicant and, therefore, the order could have been in respect of him, who was before this Court and not for all accused, which has been misread by the Chief Judicial Magistrate & Add. Civil Judge, Rajkot.
It is in these circumstances, the present application deserves to be allowed and accordingly stands allowed. The impugned order dated 20.10.2012 passed by the Ld. Chief Judicial Magistrate & Add. Civil Judge, Rajkot is hereby quashed and set aside with a direction that he will proceed further with Charge Sheet No.45A/2010 arising from First Information Report being registered as C.R.No.I-383/2009 with Pradyuman Nagar Police Station, Rajkot. Rule is made absolute.
Sd/-
(RAJESH H.SHUKLA, J.) Gautam Page 5 of 5