[1.0] Present Criminal Miscellaneous Application under Section 4892 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicant herein – original accused – opponent to quash and set aside the Criminal Revision Application No.377/2006 pending in the Court of learned City Civil and Sessions Judge, Ahmedabad. [2.0] At the outset, it is required to be noted that the complaint against the applicant has already been dismissed by the learned Magistrate against which the original complainant has preferred Criminal Revision Application No.377/2006 and at present the learned Revisional Court has issued only notice upon the applicant in the said Criminal Revision Application and no further order/final order has been passed by the learned Revisional Court. Under the circumstances, as such no relief can be granted to the applicant in the present proceedings to quash and set aside the Criminal Revision Application No.377/2006. It is ultimately for the applicant to appear in the aforesaid Criminal Revision Application and contest the same and point out that the order passed by the learned Magistrate dismissing the complaint is not required to be quashed and set aside on whatever grounds available to them and in case any final order is passed by the Revisional Court and either complaint is restored and/or any other order is passed and the applicant is aggrieved, it will always be open for them thereafter to challenge the same by initiating aforesaid proceedings. However, no relief can be granted to the applicant as prayed in the present application.
[3.0] Hence, without further expressing anything on merits and/or further entering into merits of the impugned complaint, present application is dismissed with above liberty. Rule is discharged. Adinterim relief granted earlier stands vacated forthwith.
*menon (M.R. Shah, J.)