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SCR.A/1140/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1140 of 2008
=========================================================
MADHUBEN
W/O HAKABHAI ADESARA - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR
NACHIKETA S JOSHI for Applicant(s) : 1,MR
SUDHAKAR B JOSHI for Applicant(s) : 1,
PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 27/06/2008
ORAL
ORDER
1. Heard
Mr. Nachiket Joshi, learned advocate for the petitioner.
2. Considering
the reasoning adopted by the learned Additional Sessions Judge, Morbi
while allowing the revision application filed by the respondents No.2
to 5, which prima facie does not appear to be in consonance with the
relevant provisions of the Code of Criminal Procedure, 1973 (the
Code), issue Notice returnable on 11th July, 2008.
3. Mr.
K.P. Raval, learned Additional Public Prosecutor waives service of
notice on behalf of respondent No.1 ? State of Gujarat.
4. On
the returnable date, the learned Additional Public Prosecutor shall
also inquire and inform the Court as to whether any inquiry had been
made as contemplated under section 176(1A) of the Code.
Direct
service is permitted qua respondents No.2 to 5.
(HARSHA
DEVANI, J.)
shekhar/-
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