JUDGMENT :

1. By filing the present petition under Articles 226 and 227 of the Constitution of India read with Section 239 of the Code of Criminal Procedure (hereinafter to be referred as the CrPC) the petitioner has prayed for the following relief:

“A) Your Lordships may be pleased to issue a Writ of Certiorari and/or any other appropriate writ, order or direction in the nature of certiorari quashing and setting aside the order dated 23.04.2018 passed by the learned 8th Additional Sessions Judge, Surat below in Criminal Revision Application No.289/2017 (Annexure-A) and be further pleased to discharge the petitioner from in connection with Criminal Case No.16636/2012 pending in the court of learned Chief Judicial Magistrate, Surat;

B) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased stay the further proceedings of Criminal Case No.16636/2012 pending in the court of learned Chief Judicial Magistrate, Surat;

C) Such other and further orders as Your Lordships may deem just, fit and expedient be passed in favour of the petitioner.”

2. The facts and circumstances giving rise to filing of the petition are such that the FIR being I-C.R. No.777 of 2008 came to be registered with Umra police station, Surat city for the offences punishable under Sections 406, 430, 465, 467, 468, 471 and 120B of the Indian Penal Code against 11 persons. Initially, the investigating agency carried out the investigation into the FIR and submitted a C-Summary Report before the learned Trial Court. The learned Trial Court did not accept the C-Summary Report and ordered further investigation. After carrying out further investigation, the investigating agency filed charge-sheet against the accused including the petitioner. Thereafter, present petitioner preferred an application for discharge before the learned Trial Court vide Exhibit-16 in Criminal Case No.1666 of 2012. The learned Trial Court dismissed the said application vide order dated 23.01.2015. Against which, the petitioner had approached this Court by filing Criminal Revision Application No.170 of 2015. This Court, vide order dated 01.02.2017 allowed the said revision application and remanded the matter back to the learned Trial Court for reconsideration by observing that the order passed by the learned Trial Court is an unreasoned order. Learned Trial Court upon remand of the matter reconsidered the application and vide order dated 15.05.2017 dismissed the application filed by the petitioner for discharge. Against the said order, the petitioner approached the learned Sessions Court, Surat by filing the Criminal Revision Application No.289 of 2017. Learned Sessions Court dismissed the said revision application vide order dated 23.04.2018. Being aggrieved by and dissatisfied with both the aforesaid orders, the petitioner has approached this Court by filing the present petition.

3. Heard learned Senior Advocate Shri. Anshin H. Desai appearing with learned advocate Shri. Nandhish H. Thackar for the petitioner. He submitted that as per the FIR itself, the incident alleged in the FIR had taken place in the year 2006 whereas the FIR came to be lodged in the year 2008. The investigating agency carried out the investigation and had submitted a C-Summary Report. Therefore, the investigating agency had not found any substance in the FIR lodged by the respondent no.2 herein. It was only after the C-Summary Report was rejected by the learned Trial Court and further investigation was ordered, the investigating agency submitted the charge- sheet against the accused persons including the present petitioner. He submitted that the petitioner herein is not named as an accused in the FIR. It is the case of prosecution that the original landowner had executed a Power of Attorney in favour of one Hanskamal Grover who expired on 08.08.2000. As per the settled law, the document of Power of Attorney would not exist after the demise of the attorney. He further submitted that it is me