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SCR.A/2164/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2164 of 2008
=====================================================
DEVESHKUMAR
MANIKANT PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=====================================================
Appearance :
MR
YM THAKKAR for Applicant(s) : 1,
PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 07/11/2008
ORAL
ORDER
Heard
Shri Y.M.Thakkar, learned advocate appearing for the
applicant/original accused No.1 and Shri S.P.Hasurkar, learned
Additional Public Prosecutor for the Respondents.
Shri
Y.M.Thakkar, learned advocate appearing for the applicant has
submitted that after the anticipatory bail application submitted
before the learned Special Court, Panchmahal @ Godhra came to be
withdrawn, petitioner wants to surrender. However, for reasons best
known to the Dy.S.P., Godhra, inspite of the petitioner surrenders he
will not be arrested and there is apprehension that he will be
arrested only from his residence and he will be brought to the police
station. Shri Y.M.Thakkar, learned advocate appearing for the
applicant has submitted that the applicant wants to surrender before
the Dy.S.P., Panchmahal @ Godhra at his office, who is the concerned
investigating officer and on his surrendering he may be treated as
arrested and be produced before the concerned Court at the earliest.
It is submitted by Shri Y.M.Thakkar, learned advocate appearing for
the applicant that the applicant shall surrender before the Dy.S.P.,
Panchmahal @ Godhra at 11:00 A.M. on 10th November, 2008.
Under
the above circumstances, present Special Criminal Application No.2164
of 2008 is disposed of by directing the applicant to surrender before
the concerned Dy.S.P., Panchmahal @ Godhra at 11:00 A.M. on 10th
November, 2008 at his office, as suggested by Shri Y.M.Thakkar,
learned advocate appearing for the applicant. On such surrender the
petitioner shall be treated as having been arrested and concerned
investigating officer to prepare the arrest memo and produce him
before the concerned Court at the earliest considering the relevant
provisions of Criminal Procedure Code.
With
this, present Special Criminal Application is disposed of.
Direct
service is permitted.
[M.R.SHAH,J.]
jani
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