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SCR.A/143920/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1439 of 2008
=========================================================
JAIMINIBEN
HIRENBHAI VYAS & 2 - Applicant(s)
Versus
HIRENBHAI
RAMESHCHANDRA VYAS & 1 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for Applicant(s) : 1 - 3.
None for Respondent(s) :
1,
MS FALGUNI PATEL APP for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/07/2008
ORAL
ORDER
This
petition under Article 227 of the Constitution of India is filed by
the party-in-person with a prayer to expedite the Criminal Case
No.1802 of 2003 pending before the learned Metropolitan Magistrate,
Court No.22, Ahmedabad and to give priority to the proceedings in
view of the hardships faced by the petitioner.
When
the petitioner filed Transfer Application No.83 of 2007, Chief
Metropolitan Magistrate, Ahmedabad vide order dated 18.1.2008
requested the Metropolitan Magistrate, Court No.22, Ahmedabad to
accord priority to the case of the petitioner and expedite the same.
Even thereafter on three adjournments no progress is made and
therefore this petition under Article 227 of the constitution of
India is filed by the petitioner for issuing appropriate directions
to the concerned Magistrate, as prayed for.
No
case is made out by the party-in-person to exercise power under
Article 227 of the Constitution of India since the Chief Metropolitan
Magistrate Ahmedabad has already taken immediate action by passing
order dated 18.1.2008 by directing the learned Metropolitan
Magistrate, Court No.22, Ahmedabad to expedite the case of the
petitioner by according priority. No error of law much less
jurisdiction error is committed by the court below while passing the
order dated 18.1.2008 impugned in this petition.
In
view of the above, this Special Criminal Application fails and is
hereby dismissed.
(ANANT S. DAVE, J.)
*pvv
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