1. RULE. Shri Sunil Joshi, learned advocate waives service of notice of rule on behalf of respondents nos. 1 to 6 and Ms.
C.M. Shah, learned APP waives service of notice of rule on behalf of respondent no. 7.
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 application is taken up for final hearing today.
3. The present Criminal Revision Application has been preferred by the applicant-original complainant to quash and set aside the impugned judgment and order dated 15/10/2011 passed by the learned Additional Sessions Judge, Gandhinagar in Criminal Revision Application No. 12/2010 by which the learned revisional Court has allowed the Revision Application preferred by respondents nos. 1 to 6-original accused against whom the learned trial Court had issued process for the offences punishable under Sections 193, 199, 465, 466, 467, 468, 471, 471, 474 and 114 of the Indian Penal Code.
4. After the matter was argued for some time, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that the impugned order be quashed and set aside and the matter be remanded to the learned revisional Court to decide and dispose of the said application afresh in accordance with law and on its own merits keeping all the rights in favour of the respective parties open.
5. The learned advocates appearing on behalf of the respective parties do not invite any further reasoned order. Under the circumstances, this Court is not assigning any further reasoned order while quashing and setting aside the impugned judgment and order passed by the learned revisional Court and remanding the matter to the learned revisional Court.
6. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties, the present Criminal Revision Application is allowed and the impugned judgment and order passed by the learned Additional Sessions Judge, Gandhinagar dated 15/10/2011 in Criminal Revision Application No. 12/2010 is hereby quashed and set aside and the matter is remanded to the learned Sessions Court/revisional Court to decide the same afresh in accordance with law and on its own merits. All the defenses/contentions, which may be available to the respective parties, are kept open and the learned revisional Court to consider and deal with the same in accordance with law and on its own merits. This Court has not expressed any opinion on merits whether the learned trial Court was justified in issuing the process against the accused persons or not and the learned revisional Court to consider the same in accordance with law and on its own merits, without, in any way, being influenced by the present order. The aforesaid exercise shall be completed within a period of two months from the date of receipt of the present order. Rule is made absolute accordingly.
Direct service is permitted.
(M.R. SHAH, J.) siji