Heard the learned advocate for the applicant and learned APP.
It is submitted that, in the earlier round of litigation, respondent No.2 filed a private complaint, which came to be dismissed by the learned Metropolitan Magistrate, Ahmedabad, vide order dated 30.10.2010 and, in a challenge before the Revisional Court, the order passed by the learned Magistrate came to be confirmed on 30.3.2011. It is further submitted that, considering the report submitted by the Investigating Officer in the present Enquiry Case No.32 of 2010, the nature of dispute, for which civil proceedings were pending, and no offence, as alleged, were made out, issuance of process by the learned Metropolitan Magistrate, Court No.13, Ahmedabad, by the impugned order dated 2.4.2011 below Exh.1 in Enquiry Case No.32 of 2010, is nothing but abuse of process of law.
Issue notice returnable on 23.2.2012.
Ad-interim relief in terms of paragraph 12(C).
Learned APP waives service on behalf of the State.
Direct service is permitted qua the private respondent.
(ANANT S. DAVE, J.) (swamy)