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CR.MA/2357/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2357 of 2010
=============================================
CHETNABEN
JASWANTSINH VANSIA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
AD SHAH for Applicant(s) : 1 - 4.MR MANISH M DESAI for Applicant(s) :
1 - 4.
MR LR PUJARI APP for Respondent(s) : 1,
None for
Respondent(s) : 2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 12/03/2010
ORAL
ORDER
Mr.A.D.Shah,
learned advocate for the applicants submits that allegations levelled
in the FIR do not attract ingredients of alleged offences for
petitioners and there is no prima facie material suggesting abetment
of suicide. In an incident of theft committed by a student,
explanation was already rendered by the applicants to the concerned
District Education Officer and it cannot be said that there was any
instigation on the part of the applicants by which it cannot be
remotely said that the applicants are responsible for suicide of the
student.
Learned
APP submits that allegations reveal ingredients of offences, and
therefore, the FIR impugned may not be stayed.
Having
heard learned counsel for the parties and considering the facts and
circumstances of the case, prima facie, I am of the opinion that the
complaint does not disclose ingredients of alleged offences against
the applicants, who are principal and teachers and filing of the FIR
itself appears to be an after-thought.
In
view of the above, Rule.
Ad-interim
relief in terms of para 9(B) till further orders.
Notice
as to interim relief returnable on 9th April, 2010.
Direct
service is permitted.
[Anant
S. Dave, J.]
*pvv
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