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SCR.A/1688/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1688 of 2009
=========================================================
HABIB
ABBUBAKAR SURYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
HRIDAY BUCH for
Applicant(s) : 1,
MR KARTIK PANDYA, ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/05/2010
ORAL
ORDER
Heard
learned Advocate Mr. Hriday Buch for the petitioner.
It
is submitted that the Revisional Court erred in exercising
jurisdiction by quashing and setting aside the order of the learned
Magistrate by which ‘C’ Summary came to be accepted with regard to
the complaint filed by the respondent herein. The above complaint
was an off-suit of the litigation undertaken by respondent No.2
which, he lost upto the Hon’ble Supreme Court. Even the complaint
filed by respondent No.2 according to the learned Advocate for the
petitioner is nothing but an abuse of the process of law to exert
pressure upon the petitioner.
Considering
the above submissions, perusal of the record of the case and orders
passed by this Court in litigation in the proceedings undertaken by
the respondent no.2 herein, issue NOTICE returnable on 6th
July, 2010. Meanwhile, ad-interim relief in terms of Paragraph 8(C)
and ii).
(Anant
S. Dave, J.)
Caroline
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