CR.RA/268/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 268 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 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 ? ========================================================= SAJEDABANU JAFAR ABBAS MERCHANT - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR HARSHIT S TOLIA for Applicant(s) : 1, Mr Maulik Nanavati, Addl.PUBLIC PROSECUTOR for Respondent(s) : 1, MR GM JOSHI for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 07/05/2008 ORAL JUDGMENT 1. Heard Mr H.S. Tolia, learned advocate for the applicant, Mr G.M. Joshi, learned advocate for respondent No.2 and Mr Maulik Nanavati, learned APP for respondent No.1-State. CR.RA/268/2007 2/3 JUDGMENT 2. It is an undisputed fact that the original complainant was party before the Chief Judicial Magistrate, Bhavnagar and he has also filed reply of Exh.11 which was submitted by the original accused contending that, as no cause of action for committing offence at Bhavnagar had arisen, the complaint is required to be sent to the Court which has territorial jurisdiction to try the case. The said application was rejected by the learned Chief Judicial Magistrate, Bhavnagar vide order dated 17.10.2006. The said order is challenged by way of filing revision which is numbered as Criminal Revision Application No. 129/2006. The present petitioner-original complainant is not joined as party in the said revision and no notice was issued to the original complainant. 3. The learned 2nd Addl.Sessions Judge, Bhavnagar has decided the said application without giving opportunity to the complainant as he was not a party and allowed the said Revision Application and set aside the order passed by the learned Chief Judicial Magistrate. 4. Without going into the merits of the case, in the opinion of this court, the order passed by the learned 2nd Addl.Sessions Judge dated 22.1.2007 is required to be set aside and is accordingly quashed and set aside. The matter is remanded back to the Sessions Court, Bhavnagar for taking fresh decision after issuing notice and giving opportunity of hearing to the original complainant. The 2nd Addl.Sessions Judge will decide the Revision Application as early as possible. CR.RA/268/2007 3/3 JUDGMENT 5. In view of the above, this application is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry is directed to send the R & P forthwith to the concerned court. [M.D. SHAH, J.] msp