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SCR.A/599/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 599 of 2011
=========================================================
BHAVNAGAR
PANJRAPOLE - TRUSTEE - THRO' BRIJESH H SHAH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
HEMANT B RAVAL for
Applicant(s) : 1,
MR LR PUJARI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 03/08/2011
ORAL
ORDER
1. Heard
learned advocate Mr.Raval for the petitioner and learned APP
Mr.L.R.Pujari for the respondent No.1-State. Though rule served to
respondent No.2, but he has not appeared either personally or through
his advocate.
2. This Court
passed the following order on 11.3.2011 which reads as under.
“Heard
learned advocate Mr.Kapadia appearing for the petitioner. He
submitted that it is observed by the Sessions Court while deciding
the revision application that this is the first offence committed by
the present respondent-accused but in fact, two other offences are
also registered against the present respondent-accused in past also.
He also submitted that specific allegations are made in the
complaint that animals were taken for slaughtering. He submitted
that learned Sessions Court has not considered the same and come to
the conclusion that the offence only under the provisions of
Prevention of Cruelty to Animals Act is registered against the
present respondent-accused.
Rule returnable
on 13.4.2011. Learned APP Mr.Pujari waives service of notice of rule
for respondent No.1. In the meanwhile, interim relief in terms of
paragraph 13(C) till then. Direct service is permitted.”
3. In view of
the above, it is submitted by learned advocate for the parties
that some direction be given to the trial court to decide and
dispose of Criminal Case arising from II C.R.No.3 of 2011 registered
with Vartej Police Station, Bhavnagar District within stipulated
time.
4. In view of
the above, the petition is allowed. The impugned order dated
25.2.2011 passed by the learned Sessions Judge, Bhavnagar in
Criminal Revision Application No.12 of 2011 is hereby quashed and set
aside and the order dated 31.1.2011 passed by the learned Second
Additional Senior Civil Judge & Additional Chief Judicial
Magistrate, Bhavnagar is confirmed. The trial court is directed to
decide and dispose of Criminal Case arising from II C.R.No.3 of 2011
registered with Vartej Police Station in accordance with law and on
its own merits, as early as possible, preferably within one year
from the receipt of writ of this order. At the time of deciding the
trial or after holding inquiry under Section 452 of the Code of
Criminal Procedure, the trial court shall pass appropriate order
regarding the muddamal. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
( M.D.SHAH,
J. )
syed/
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