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CR.MA/9781/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9781 of 2011
===================================
SARDARJI
CHHAGANJI THAKORE - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
===================================
Appearance :
MRTUSHARCHAUDHARY
for Applicant(s) : 1,
MR. DABHI, ADDL PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
===================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 15/07/2011
ORAL
ORDER
1.0. Present
Criminal Miscellaneous Application under Section 482 of the Code of
Criminal Procedure has been preferred by the applicant-original
accused to quash and set aside the impugned complaint/ FIR being I-CR
No. 89 of 2011 registered with Palanpur Taluka Police Station, Dist.
Banaskantha, which has been filed against the petitioner for the
offence under Section 365 of the Code of Criminal Procedure.
2.0. Shri
Chaudhary, learned advocate for the petitioner has heavily relied
upon the affidavit of one Manuben D/o Punjaji Thakor who is alleged
to have been abducted and kidnapped by the petitioner. However, on
the basis of the affidavit, the impugned complaint cannot be quashed
and set aside at this stage in exercise of powers under Section 482
of the Code of Criminal Procedure. Shri Chaudhary, learned advocate
for the petitioner has submitted that said Manuben D/o Punjaji Thakor
shall appear before the Investigating Officer and give her statement
and same may be considered by the Investigating Officer while
submitting the appropriate report. It is submitted that if suitable
observations to the aforesaid extent is made, he does not press the
present Criminal Miscellaneous Application.
3.0. In
view of the above, present Criminal Miscellaneous Application is
dismissed as not pressed. As and when said Manuben D/o Punjaji Thakor
who is alleged to have been abducted by the petitioner appears before
the concerned investigating officer and her statement is recorded,
same may be considered by the investigating officer while submitting
the appropriate report, in accordance with law and on merits. With
this, present Criminal Miscellaneous Application is dismissed as not
pressed. Direct service is permitted.
(M.R.SHAH,
J.)
kaushik
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