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CR.MA/3939/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3939 of 2008
=========================================================
DIPAKBHAI
LALJIBHAI VAJA & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VM PANCHOLI for
Applicant(s) : 1 - 5.
PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 28/03/2008
ORAL
ORDER
1. Heard
Mr. Vipul M. Pancholi, learned advocate for the petitioners.
2. At
the outset, the learned advocate for the petitioners states that he
does not press this petition for petitioner No.1 i.e. Dipakbhai
Laljibhai Vaja, who is the husband of the complainant ? respondent
No.2 herein.
3. As
regards petitioners No.2 to 5, it is submitted that the complainant
has hardly ever resided with the said petitioners. It is submitted
that in the circumstances, the allegations of harassment insofar as
these petitioners are concerned, are not made out and that
continuation of investigation against these petitioners would amount
to an abuse of the process of law. Attention is drawn to the contents
of the First Information Report, to point out that the complainant,
for most part of her married life had resided separately with her
husband and it was only for a very short period that she had resided
with these petitioners.
4. Considering
the submissions advanced by the learned advocate for the petitioners,
Notice returnable on 21st April, 2008.
5. Mr.
L.B. Dabhi, learned Additional Public Prosecutor waives service of
notice on behalf of respondent No.1 ? State of Gujarat. Direct
service is permitted qua respondent No.2.
6. In
the meanwhile, it would be open for the petitioners to seek for an
adjournment in the proceedings of Criminal Case No.6074 of 2007
pending before the learned Joint Additional Senior Civil Court and
J.M.F.C., Gandhinagar.
7. To
be listed on the first Board.
(H.N.DEVANI,
J.)
shekhar/-
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