J.B. Pardiwala, J.

1. By this application, the applicant-original complainant and the respondent No. 2 in the main matter, has prayed for the following reliefs;

"(A) That the application may be kindly admitted and allowed;

(B) The order passed by the learned Additional Civil Judge and JMFC, Godhra in Cri. Case No. 1386/2015 dated 26.09.2016 may kindly be quashed and set aside.

(C) The Hon'ble Court may kindly be pleased to direct the learned JMFC, Godhra to restore the case proceedings bearing Cri. Case No. 1386/2015 to its original situation, which prevailed as on 25.09.2016 (i.e. before dismissing the complaint on 26.09.2016)

(D) Such other and further orders as this Hon'ble Court may deem just, fit and proper be passed by this Hon'ble Court."

2. The main matter has been filed by the opponents Nos. 2, 3 and 4 herein with the following prayers;

"(A) This Hon'ble Court may be pleased to issue writ of certiorari any other it order or direction to quash and set aside the order dated 23.04.2015 and 24.07.2015 in Criminal Case No. 1386 of 2015, arising out of Criminal Inquiry No. 60 of 2015 filed before 4th Ad-hoc Additional Civil Judge and Judicial Magistrate First Class, Godhra.

(B) This Hon'ble Court may be pleased to issue writ of certiorari any other writ order or direction to quash and set aside the Criminal case No. 1386 of 2015, arising out of criminal inquiry No. 60 of 2015 filed before Additional Civil Judge and Judicial Magistrate, First Class, Godhra.

(C) Pending hearing and final disposal of this petition be pleased to stay the further proceedings of Criminal Case No. 1386 of 2015, arising out of criminal inquiry No. 60 of 2015 pending before Additional Civil Judge and Judicial Magistrate First Class, Godhra.

(D) To grant such other and further relief as may deem fit, necessary and proper."

3. In the main matter, on 05.01.2016, the following order was passed;

"Let notice be issued to the respondents, returnable on 16.3.2016. Mr. Shah, the learned APP, waives service of notice for and behalf of the respondent No. 1.

Let there be an ad-interim order in terms of para-5(C).

Direct service is permitted qua the respondent No. 2."

4. Thus, by virtue of the order passed by this Court dated 05.01.2016, the further proceedings of the Criminal Case No. 1386 of 2015 came to be stayed.

5. While the main matter is pending before this Court, the Addl. Civil Judge & J.M.F.C., Godhra dismissed the complaint filed by the applicant herein, which culminated in the Criminal Case No. 1386 of 2015, for non-prosecution. With the dismissal of the complaint for non-prosecution, the accused persons stood discharged. Being dissatisfied with the order passed by the court concerned, dismissing the complaint for non-prosecution, the applicant has come up with this application.

6. On 21.11.2017, the following order was passed;

"1. By this application, the applicant has prayed for the following reliefs;

(A) That the application may be kindly admitted and allowed;

(B) The order passed by the learned Additional Civil Judge and JMFC, Godhra in Cri. Case No. 1386/2015 dated 26.09.2016 may kindly be quashed and set aside.

(C) The Hon'ble Court may kindly be pleased to direct the learned JMFC, Godhra to restore the case proceedings bearing Cri. Case No. 1386/2015 to its original situation, which prevailed as on 25.09.2016 (i.e., before dismissing the complaint on 26.09.2016).

(D) Such other and further orders as this Hon'ble Court may deem just, fit and proper be passed by this Hon'ble Court.

2. The Chief Judicial Magistrate, Godhra passed an order dated 26th September, 2016 discharging the accused persons substantially on the ground that the complainant failed to remain present before the court on the date of the hearing fixed. The order reads as under;

Order below Exh. 1

Perused the papers along with the report forwarded by the police in pursuance of the order of police inquiry. From the record of the case and the police inquiry report, it transpires that a prima faci