- (1.)THIS petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") is preferred by the petitioner with the following main prayers :-
" (B) Your Lordships may be pleased to issue writ of certiorari or any other appropriate writ holding the order below Annexure A and Annexure C passed by Honourable Session Court, Nadiad and Learned JMFC Petlad respectively as illegal and unlawful and be pleased further to quash and set aside the aforesaid orders. (C) Your Lordships may be pleased to direct the learned JMFC, Petlad to hold fresh trial in complaint No. 813 of 91 of by taking expert's evidence for before passing fresh order for framing of the charge against the accused".

(2.)IT is the case of the petitioner that the petitioner preferred a private complaint, which was registered as Criminal Case No. 83/91 and on 25. 03. 1991 the learned JMFC, Petlad issued the process. Against the issuance of process, a revision application was preferred being Criminal Revision Application No. 20/93, which came to be rejected on 12. 07. 1993 and against which Misc. Criminal Application No. 3827/93 was preferred before this court for quashing the complaint under Section 482 of the Code, which also came to be rejected on 08. 09. 1993 holding that while exercising powers by the Magistrate of issuance of process, no illegality was committed. However, by an order dated 26. 04. 1994 learned JMFC discharged the accused in the Criminal Case No. 813/91 for the offences alleged to have been committed under Sections 406, 464 and 114 of the Indian Penal Code.
(3.)BEING aggrieved by the order of discharge in exercise of powers under Section 245 (2) of the Code, Criminal Revision Application No. 108/94 was preferred by the original complainant and by judgment and order dated 19. 08. 1996 the learned Sessions Judge, Nadiad confirmed the order of learned JMFC in discharging the accused, since according to learned Sessions Judge no illegality was committed by the Magistrate in exercise of of powers under Section 245 (2) of the Code. However, this petition is preferred after 2 years of passing the above order by the learned Additional Sessions Judge, Nadiad and for which delay is explained.