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CR.MA/3067/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3067 of 2010
=========================================================
GANESHBHAI
AMARSHIBHAI BARASARA & 5 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
RJ GOSWAMI for
Applicant(s) : 1 - 6.
Mr Shivang Shukla, Addl.PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 06/04/2010
ORAL
ORDER
1. Heard
Mr R J Goswami, learned Advocate for the petitioners.
2. Mr
Goswami, learned Advocate for the petitioners submits that the
averments made in the complaint are of general nature and vague. The
petitioners do not reside with the complainant. Besides, the
complainant was taken for check up for mental ailments and has
undergone treatment for such ailments with psychatrist and,
therefore, the impugned complaint is nothing but an abuse of process
of law and, therefore, the complaint deserves to be quashed and set
aside.
3. Considering
the above, prima facie, the allegations are vague and of
general nature. On perusal of medical papers, it transpires that the
complainant has undergone treatment for being unsound mind and due
to erratic behaviour of complainant-wife all the petitioners have
suffered mental agony and once she had thrown her own child from the
first floor and, therefore, the complaint deserves to be stayed.
Hence,
4. RULE.
Ad-interim relief in terms of para 11 (b) till final disposal of
the matter. Notice as to interim relief returnable on 5th
May, 2010.
[ANANT S DAVE J.]
msp
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