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CR.MA/7527/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7527 of 2008
==========================================
ABDUL
VADUD AHMADMIYA JARULLAH & ORS
Versus
STATE
OF GUJARAT & ANR
==========================================
Appearance
:
MR UTPAL M PANCHAL for
Applicants:1-3
Mrs. M.L.Shah, ADDL. PUBLIC PROSECUTOR for
Respondent:1
None for
Respondent:2
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 17/06/2008
ORAL ORDER
Heard
Mr.U.M.Panchal, learned Advocate for the petitioners.
It
is submitted that the complainant is a third party who has no direct
interest in the land in question, which is borne out from a bare
perusal of the complaint itself. It is further submitted that the
complaint suffers from delay and laches as the property in question
has vested in the Wakf Trust in the year 2001 whereas the complaint
is lodged on 26.5.2008 after a lapse of 7 years.
Considering
the submissions advanced by the learned Advocate for the petitioners
and upon perusal of the allegations made in the First Information
Report as well as the documents annexed in support of the
application, issue Notice returnable
on 16th July, 2008. By way of ad-interim relief, further
investigation pursuant to the First Information Report registered
vide Chowk Bazar Police Station I-C.R.No.116 of 2008, is hereby
stayed.
Mrs.
M.L.Shah, learned Additional Public Prosecutor waives service of
Notice on behalf of respondent No.1-State of Gujarat.
Direct
Service is permitted qua respondent No.2.
(HARSHA
DEVANI, J.)
Amit/-
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