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CR.MA/8383/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8383 of 2008
==========================================
KANTIBHAI
KHUSHALBHAI PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
VIMAL A PUROHIT for Applicant(s) : 1 - 3.
MRS.ML
SHAH, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) : 2,
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 30/06/2008
ORAL
ORDER
Mr.Vimal
Purohit, learned advocate for the petitioner has tendered draft
amendment. The same is granted. Amendment to be carried out
forthwith.
Heard
Mr.Vimal Purohit, learned advocate for the petitioner.
The
learned advocate for the petitioner has drawn the attention of the
Court to the judgement and order dated 31st March, 2008
passed by this Court in Criminal Miscellaneous Application No.1673
of 2008 and Criminal Miscellaneous Application No.1684 of 2008,
wherein this Court has, in the case of similarly situated
co-accused, allowed the petition by quashing the complaint in
question.
Having
regard to the submissions advanced by the learned advocate for the
petitioner, issue Rule returnable on 15th July,
2008. By way of ad-interim relief, further proceedings pursuant to
Criminal Complaint registered vide Katargam Police Station, Surat
City I ? C.R. No.46 of 2008, is hereby stayed.
Mrs.M.L.Shah,
learned Additional Public Prosecutor waives service of notice on
behalf of the respondent No.1 ? State of Gujarat.
Direct
service is permitted qua respondent No.2.
[HARSHA
DEVANI, J.]
parmar*
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