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CR.MA/12785/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12785 of 2010
In
SPECIAL
CRIMINAL APPLICATION No. 1565 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
BABUBHAI
JAMNADAS PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PARTHIV B SHAH for
Applicant(s) : 1,
MR JASWANT K SHAH ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
MR JINESH C JANI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/11/2010
ORAL
JUDGMENT
RULE.
Mr.Jaswant K. Shah, learned Additional Public Prosecutor waives the
service of notice of rule on behalf of the respondent No.1 and
Mr.J.C. Jani, learned advocate waives the service of notice of rule
on behalf of the respondent No.2.
With
the consent of the learned advocates appearing on behalf of the
respective parties and in the facts and and circumstances of the
case, present application is taken up for final hearing.
Heard
Mr.J.B. Pardiwala, learned advocate appearing for Mr.Parthiv B.
Shah, learned advocate appearing on behalf of the applicant,
Mr.Jaswant K. Shah, learned Additional Public Prosecutor appearing
on behalf of the State and Mr.Yatin N. Oza, learned Senior Advocate
appearing with Mr.J.C. Jani, learned advocate appearing on behalf
of the respondent No.2.
Having
heard the learned counsel appearing on behalf of the respective
parties and as the application is not opposed by Mr.Yatin N. Oza,
learned counsel appearing on behalf of the respondent No.2 –
original complainant, and considering the order dtd.7/10/2010 passed
by the Hon’ble Supreme Court
in Special Leave to Appeal (Criminal) No.8339 of 2010 with Special
Leave Petition (Criminal) No.21265 of 2010, (arising out of
judgement and order dtd.27/9/2010 passed in SCRLA No.1540 of 2010
and CRLMA No.9892 of 2010), present application is allowed and the
prayer in terms of para 12(B) is hereby granted and the applicant
and/or the advocate applicant shall be heard at the time of hearing
of the main petition being Special Criminal Application No.1565 of
2010 and the said main petition shall be heard, decided and
disposed of accordingly.
Registry
is directed to show the name of Mr.Parthiv B. Shah, learned
advocate, as the learned advocate appearing on behalf of the
applicant herein – Babubhai Jamnadas Patel (Third Party),
in the computer data of main petition being Special Criminal
Application No.1565 of 2010 and in the Computer Generated Board as
and when the aforesaid main petition is notified for hearing. Rule
is made absolute to the aforesaid extent.
[M.R.
SHAH, J.]
rafik
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