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B.J.SHETHNA
Arvindbhai V. Patel – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

B.J. Shethna, J. - This petition is filed by the petitioner as a Special Criminal Application. Thought it is not stated that it is filed under Article 227 of the Constitution of India, it goes without saying that the petition could only be under Article 227 of the Constitution of India. In this petition, the petitioner has prayed that the order passed by the learned Chief Judicial Magistrate, Vadodara, below Exh. 40 in Criminal Case No. 1327/1989 on 30th June 1992, and the order passed by the Additional Sessions Judge on 1.9.1992 in Criminal Revision Application No. 115/1992 rejecting the said revision application be quashed and set aside and the further proceedings of the Criminal Case No. 1327/1989 pending before the Court of learned Chief Judicial Magistrate be stayed in view of the provisions of Section 391(6) of the Indian Companies Act.

2. Once the Revision Application is rejected, second Revision Application is not maintainable, as provided under Section 399(3) of Code of Criminal Procedure. The decision of the learned Sessions Judge in such Revision Application would become final. The impugned order passed by the learned Chief Judicial Magistrate below Exh. The lea

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