CHINTANKUMAR NAVINCHANDRA ZAVERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the original complainant. In this revision application he has challenged legality of the judgment of acquittal dated 30.12.1999 passed by the learned Judicial Magistrate, First Class, Botad in Criminal Case No.458 of 1996.

(2.) Respondents No.2 to 5 were the original accused. The offences alleged against them are punishable under Sections 323, 504 read with Sec.114 of Indian Penal Code and Section 135 of Bombay Police Act. By the impugned judgment, the learned Magistrate acquitted all the accused.

(3.) Initially this revision application was admitted by this Court and was ordered to be heard with Criminal Appeal No.409 of 2000 (State appeal against acquittal). Subsequently on 27.7.2001 the learned Single Judge of this Court, since had dismissed the State appeal as time barred, dismissed the present revision application also since the same was ordered to be heard along with State appeal. This order was carried in appeal by the petitioner before the Apex Court and the order dated 27.7.2001 was set aside and the proceedings were remanded for fresh consideration on merits by the Apex Court by an order dated 22.4.2002.