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CR.MA/13668/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13668 of 2009
In
CRIMINAL MISC.APPLICATION No. 13667 of 2009
In
SPECIAL CRIMINAL APPLICATION No. 467 of 2009
With
SPECIAL
CRIMINAL APPLICATION No. 467 of 2009
With
CRIMINAL
MISC.APPLICATION No. 13667 of 2009
In
SPECIAL CRIMINAL APPLICATION No. 467 of 2009
=============================================
DEVENDRABHAI
P PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
DEEPAK VYAS for Applicant(s) : 1,
MR KARTHIK PANDYA APP for
Respondent(s) : 1,
None for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 09/03/2010
COMMON
ORAL ORDER
The
applicant has filed this application for condonation of delay of 193
days caused in preferring Criminal Misc. Application for restoration
of Special Criminal Application No.467 of 2009.
Cr.
Misc. Appln. was preferred since office objections raised by the
Office in Special Criminal Application No.467 of 2009 were not
removed within prescribed time limit.
Heard
learned advocates for the parties and perused record of Special
Criminal Application No.467 of 2009 filed under Articles 226/227 of
the Constitution of India, where a prayer is made to issue direction
to give passport to the petitioner for the purpose of foreign visit.
Admittedly,
criminal complaint under Section 138 of the Negotiable Instruments
Act was filed against the applicant and same is pending before
learned JMFC, Ganderi and without approaching the concerned
Magistrate, the applicant has straightaway filed the petition under
Articles 226/227 of the Constitution of India.
No
case is made out to exercise powers under Article 226/227 of the
Constitution of India in favour of the applicant since proceedings
pertaining to Section 138 of the Negotiable Instruments Act are
pending before the JMFC, Ganderi.
Accordingly,
Criminal Misc. Application No.13668 of 2009 is dismissed.
Consequently, Criminal Misc. Application No.13667 of 2009 and Special
Criminal Application No.467 of 2009 stands dismissed.
[Anant
S. Dave, J.]
*pvv
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