JUDGMENT :

M.R. Shah, J.

As both these, Revision Application as well as the Special Criminal Application arise out of the common judgment and order passed by the learned Revisional Court – learned Sessions Court, Surat, both these applications are heard, decided and disposed of by this common judgment and order.

1.1. Rule. So far as Criminal Revision Application No.44 of 2012 is concerned, Shri R.J. Goswami, learned advocate waives service of notice of Rule on behalf of the respondent No.2 herein and Shri Maulik Nanavati, learned Special Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 State as well as the Investigating Officer. Similarly, so far as RULE in Special Criminal Application No.1131 of 2012 is concerned, Shri Maulik Nanavati, learned Special Public Prosecutor waives service of notice of Rule on behalf of respondent State of Gujarat. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of the respective parties, present Revision Application as well as Special Criminal Application are taken