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CR.RA/31020/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 310 of 2008
=========================================================
V.D.
RAWAL
Versus
STATE
OF GUJARAT & ANOTHER
=========================================================
Appearance :
MR
SP MAJMUDAR with MR VIMAL A PUROHIT for Applicant.
MS ML SHAH,
ADDL. PUBLIC PROSECUTOR for Respondent No.1
MR.VARUN K.PATEL for
Respondent
No.2.
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/08/2008
ORAL
ORDER
By consent of the
learned advocates appearing in the matter, this Revision Application
is taken up for hearing today.
This Revision
Application, filed under section 397 read with section 401 of the
Code of Criminal Procedure Code is directed against the judgment and
order dated 31.01.2008 passed by the learned Presiding Officer, Fast
Track Court No.1, Khambhalia in Criminal Appeal No. 33 of 2002
whereby the learned Presiding Officer has confirmed the judgment and
order of conviction dated 17th May 2002 passed by the
learned Judicial Magistrate, First Class, Dwarka in Criminal Case No.
628 of 1994.
Identical
Revision Applications, being Criminal Revision Application No. 311 of
2009, 312 of 2002, 313 of 2008 and 320 of 2008, have already been
decided by this Court by a common judgment and order dated 01.07.2008
passed by this Court [Coram: K.A. Puj, J.] by which this Court has
summarily rejected the Revision Applications by granting some time to
the petitioners to hand over the vacant and peaceful possession of
the quarters to the respondent Company. A copy thereof is made
available to me.
Considering the
averments made in the present Revision Application and having heard
the learned advocates for the respective parties, I am of the view
that since identical questions are involved in the present Revision
Application, the same can also be disposed of in terms of the
aforesaid common judgment and order dated 01.07.2008 passed by this
Court in Criminal Revision Application No. 311 of 2009, 312 of 2002,
313 of 2008 and 320 of 2008.
Hence, without
discussing the facts of the present case in detail, for the reasons
recorded in common judgment and order dated 01.07.2008 passed by this
Court in Criminal Revision Application No. 311 of 2009, 312 of 2002,
313 of 2008 and 320 of 2008, the present Revision Application is
summarily rejected.
Mr. Majmudar,
learned advocate for the petitioner, requests that similar relief to
retain possession of the quarters as granted in the aforesaid
judgment and order dated 01.07.2008 may also be granted to the
present petitioner also. On the other hand, Mr. Patel, learned
advocate for respondent No.2 submitted that similar directions for
filing undertaking and taking possession may also be issued.
Accordingly, the petitioner is hereby permitted to retain the
quarters in question which he was occupying till 15.01.2009 and is
directed to hand over the vacant and peaceful possession to the
respondent Company on or before that date. An unconditional
undertaking to this effect shall be filed before this Court by the
petitioner on or before 19th September 2008. The order
regarding sentence shall remain suspended till 15.01.2009. It is,
however, made clear that if the possession is not given on or before
15.01.2009, the same shall tantamount to contempt of this Court and
the petitioner shall not only have to undergo the sentence but the
respondent Company is entitled to take forcible possession from the
petitioner under police protection.
With these
directions, the criminal revision application is accordingly disposed
of.
mathew [H.B.ANTANI,
J.]
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