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CR.MA/13038/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13038 of 2010
In
CRIMINAL
MISC.APPLICATION No. 9832 of 2010
In
SPECIAL CRIMINAL APPLICATION No. 1850 of 2009
=========================================================
GOPINATH
PILLAI (FATHER OF DECEASED PRANESHKUMAR PILLAI @ - Applicant(s)
Versus
BALAWANT
SINGH - Respondent(s)
=========================================================
Appearance
:
MR.
MUKUL SINHA, LD. ADVOCATE FOR MR. AMRESH N PATEL
for
Applicant(s) : 1,
MR. KAMAL TRIVEDI, LD. ADVOCTE GENERAL WITH MR.
L.B. DABHI, APP for the
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 22/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. By
filing the instant application under Section 12 of the Contempt of
Courts Act, 1971, the petitioner has prayed to initiate contempt
proceedings against the respondent for willful disobedience of the
order dated 24.9.2010 rendered in Criminal Miscellaneous Application
No. 9832 of 2010 in Special Criminal Application No. 1850 of 2009
with Criminal Miscellaneous Application No. 10621 of 2010 by which
the Court directed to constitute Special Investigation Team to
investigate the offence registered as I-C.R. No. 8 of 2004 dated
15.6.2004 with DCB Police Station, Ahmedabad City.
2. At
the time hearing of this application, Mr. Kamal Trivedi, learned
Advocate General with Mr. L.B. Dabhi, learned APP for the respondent
appeared and has tendered reply affidavit along with annexure –
Notification dated 16.11.2010 issued by the Home Department,
Government of Gujarat by which Special Investigation Team has been
constituted as per the directions contained under order dated
24.9.2010. According to him, there is no willful disobedience of the
order passed by this Court. He, therefore, urges to pass appropriate
order disposing of this application.
3. Since
the order for which this contempt application has been filed has been
fully complied with by the respondent, Mr. Mukul Sinha, learned
advocate appearing for Mr. Amresh Patel, learned advocate for the
applicant does not want to press this application and seeks leave to
withdraw the same.
4. Mr.
Kamal Trivedi, learned Advocate General has no objection if leave as
prayed for is granted.
5. Hence
leave to withdraw this application is granted. This application
stands disposed of as withdrawn.
6. Affidavit
in reply filed on behalf of respondent No. 1 which is sworn by by
D.R. Patel, Under Secretary, Home Department shall be retained on
record of the case.
(A.M. KAPADIA, J)
(BANKIM N. MEHTA, J)
(pkn)
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