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CR.MA/7861/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7861 of 2008
=========================================
SANJAYKUMAR
KANCHANLAL DESAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MANAV A MEHTA for Applicant(s) : 1 - 2.
PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 20/06/2008
ORAL
ORDER
1. The
learned advocate for the applicants has tendered a draft amendment.
The amendment is granted. The same shall be carried out forthwith.
2. Heard
Mr. Manav Mehta, learned advocate for the applicants.
3. The
learned advocate has submitted that despite the fact that the time
limit imposed by this Court while directing further investigation
under section 173(8) of the Code of Criminal Procedure, 1973 (the
Code) has already expired, the investigating agency had made an
application to the Forensic Science Laboratory for conducting lie
detector test, pursuant to which the applicants are required to
undergo lie detector test. It is submitted that once the time frame
set by this Court has expired, the investigating agency could not
have proceeded further without making any application for extension
of time limit.
4. Considering
the submissions advanced by the learned advocate for the applicants,
issue Notice returnable on 27th June, 2008. By way of ad interim
relief, the Investigating Officer is restrained from taking any
action pursuant to the intimation dated 13th June, 2008,
Annexure A to the application.
5. Mr.
M.A. Patel, learned Additional Public Prosecutor waives service of
notice on behalf of the respondent ? State of Gujarat.
(HARSHA
DEVANI, J.)
shekhar/-
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