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CR.MA/363/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 363 of 2011
=========================================================
TAPANBHAI
PRAVINBHAI JAISWAL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VIRAT G POPAT for
Applicant(s) : 1 - 3.
MS CM SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/01/2011
ORAL
ORDER
Counsel
for the petitioners submitted that allegations contained in the
complaint ex-facie do not disclose offence under Section 392 and 395
of the IPC. To the limited extent of seeking deletion of above
sections, he press this petition.
Issue
notice returnable on 8.2.2011.
Upon
perusal of the complaint, it would prima facie reveal that
allegations in the complaint are that under threat of exposing his
photograph in compromising position with girl, the accused had
extorted money from him.
Considering
the allegations and submissions made by the counsel for the
petitioner, by way of ad interim relief, investigation in connection
with offence under Section 392 and 395 is stayed. However, it would
be open for the investigating agency to investigate into angle of
extortion.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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