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CR.MA/1985/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1985 of 2011
======================================
ABDUL
MUSABHAI DHEBA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
======================================
Appearance :
MR
MM SAIYED for Applicant
Ms.
C.M. Shah, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/02/2011
ORAL
ORDER
Heard
the learned counsel for the applicant.
The
learned counsel for the applicant submits, with regard to the
subject property, proceedings in the civil court are pending and the
applicant is in continuous possession of the subject land since last
many years and, hence, filing of the present complaint is nothing but
abuse of process of law and to convert a dispute of civil nature if
any into a criminal case and, therefore, the complaint may be quashed
and till then be stayed.
Considering
the above, Rule returnable on 5.4.2011.
Ad-interim
relief in terms of paragraph 6(B).
Notice
as to interim relief also returnable on 5.4.2011.
Learned
APP waives service of notice on behalf of respondent No.1.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
[swamy]
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