Gujarat High Court Case Information System
Print
SCR.A/70420/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 704 of 2008
=========================================================
SAROJBEN
WIDOW OF HANSRAJ THAKKAR - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
PANKAJ A KAPADIA for Applicant(s) : 1,
MR RC
KODEKAR APP for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/07/2008
ORAL
ORDER
When
the matter is called out for hearing, none present for the
petitioner.
On
earlier occasion also i.e. on 22.4.2008 when the matter was called
out twice, learned counsel for the petitioner was absent.
Mr.R.C.Kodekar,
learned APP, submits that considering the allegations levelled
against the petitioner and the role attributed to her, ingredients of
Sections 498-A, 506(2), 323 and 114 of the Indian Penal Code are
prima facie established. He further submits that on earlier occasion
when one of the co-accused filed petition, appropriate orders were
passed by learned Judge by this Court rejecting the said petition.
Considering
the nature of prayers and allegations levelled against the petitioner
being mother-in-law, it cannot be said that ingredients of the
offences are not attracted.
In
view of the above, no case is made out to exercise power either under
Article 226 of the Constitution of India or under Section 482 of the
Code of Criminal Procedure. Accordingly, this Special Criminal
Application fails and is hereby dismissed.
(ANANT S. DAVE, J.)
*pvv
Top