CR.MA/883020/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 8830 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE D.H.WAGHELA Sd/- ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BHASKARRAV HARILAL UPADHYAY - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR RJ GOSWAMI for Applicant : 1,MR JV VAGHELA for Applicant : 1, MR RC KODEKAR ADDL PUBLIC PROSECUTOR for Respondent : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 25/11/2008 ORAL JUDGMENT 1. Rule, of which notice was waived by learned A.P.P. for the respondent. The matter was heard for final disposal at the request of learned counsel. CR.MA/883020/2008 2/2 JUDGMENT 2. Petitioner, the original complainant, has challenged the order dated 17.3.2008 of learned Judicial Magistrate, First Class, Kalol whereby the criminal case was closed without issuing notice to the petitioner and without appreciating the investigation report submitted by the Police. Learned A.P.P. fairly conceded that, in those circumstances, the impugned order was required to be quashed and the trial Court was required to hear the matter afresh after issuing notice to the petitioner. 3. Accordingly, the petition is allowed, the impugned order dated 17.3.2008 in Inquiry Case No.66 of 2007 is quashed with the direction that learned Judicial Magistrate, First Class, Kalol shall issue notice to the complainant and, after affording an opportunity of hearing to him as also considering the investigation report submitted by the Police, make appropriate order in the criminal case. Rule is made absolute accordingly with no order as to costs. Direct service. Sd/- ( D.H.Waghela, J.) (KMG Thilake)