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CR.MA/10188/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10188 of 2011
=========================================================
VIJIYA
JAIN W/O MUKESH JAIN - PROP. M/S. GULABCHAND MISHRILA - Applicant(s)
Versus
JITENDRABHAI
CHIMANLAL THAKKAR & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MANISH S SHAH for
Applicant(s) : 1,
None for Respondent(s) : 1,
MR KP RAVAL
ADDL.PUBLIC PROSECUTOR for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/07/2011
ORAL
ORDER
By
way of this petition under Sec.482 of the Code of Criminal Procedure
the petitioner – original accused has prayed for the following
main reliefs in para 7 :-
“(B). The
Hon’ble Court be pleased to grant permanent exemption to petitioner
from personal appearance and permit the petitioner
to record her plea and contest her case through counsel,
pending before Addl. Sr. Civil Judge and J.M.F.C., Bhavnagar in
Criminal Case No.4651/2010;
(C). The
Hon’ble Court be pleased to quash the arrest warrant or convert it
into bailable warrant isused in Criminal Case No.4651/2010 on
27.6.2011 pending before Addl. Sr. Civil Judge and J.M.F.C. at
Bhavnagar.
(D). Pending
admission hearing and till final disposal of the present petition,
the Hon’ble Court be pleased to stay the operation of arrest warrant
issued in pursuance to order dated 27/6/2011 by the trial court in
Criminal Case No.4651/2010 at Bhavnagar.”
The
learned advocate appearing on behalf of the petitioner has stated
at the bar that he does not press the present petition in terms of
para 7(C) and 7(D). Therefore, present petition is dismissed as not
pressed so far as the prayer in terms of para 7(C) and 7(D).
So
far as the prayer in terms of para 7(B) is concerned Mr.Manish Shah,
learned advocate appearing on behalf of the petitioner has stated
at the bar that the petitioner shall remain present before the
concerned Magistrate pursuant to the Non-Bailable Warrant on
5/8/2011, however, he has requested that suitable directions be
issued directing the learned Magistrate to record the plea of the
petitioner on the very day and liberty be reserved in favour of the
petitioner to submit appropriate application for permanent
exemption and the learned Magistrate may be directed to consider
the same on suitable terms and directions. With above liberty, he
does not press the present petition.
In
view of the above statement made by Mr.Manish Shah, learned advocate
appearing on behalf of the petitioner present petition is dismissed
as not pressed even with respect to prayer in terms of para 7(B).
Let the petitioner appear before the concerned Magistrate on
5/8/2011 pursuant to the Non-Bailable Warrant against her and the
learned Magistrate is directed to record the plea of the petitioner
– accused on the very day and thereafter it will be open for
the petitioner to submit appropriate application for permanent
exemption and as and when such application is filed, the same shall
be considered by the learned trial court in accordance with law and
on merits and prayer of the petitioner for permanent exemption can
be considered on suitable terms and conditions and considering the
decisions of the Hon’ble Supreme Court on the issue.
With
these present petition is dismissed as not pressed with above
liberty.
Direct
Service is permitted.
[M.R.
SHAH, J.]
rafik
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