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CR.MA/5144/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5144 of 2008
======================================
CHUNAWALA
MUKHTAR AHMED MOHMAD HUSEIN
Versus
STATE
OF GUJARAT & others
======================================
Appearance :
MR
JA ADESHRA for Applicant
Mrs.
Falguni Patel, APP for Respondent No.1
MR KHALID G SHAIKH for
Respondent No.2
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/08/2008 ORAL ORDER
The
applicant has filed this application under Section 482 of the Code of
Criminal Procedure, 1973 for quashing criminal complaint being
Criminal Misc. Application No.177 of 2008 filed by respondent No.2
under the provisions of Women From Domestic Violence Act, 2005.
Heard
learned counsel for the parties and perused the complaint and
affidavit-in-reply filed by respondent No.2 and the rejoinder thereto
filed by the applicant.
The
allegations made in the complaint, prima-facie, disclose the offences
as alleged. In the backdrop of the allegations made in the complaint,
it cannot be said that the ingredients of the
provisions of Women From Domestic Violence Act, 2005
are not attracted. On the contrary,
the said Act protects the woman.
In
that view of the matter, no power can be exercised under Section 482
of the Code of Criminal Procedure at this stage.
This
application is rejected. The interim relief stands vacated. The
notice is discharged.
(ANANT
S. DAVE, J.)
(swamy)
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