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CR.MA/7581/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7581 of 2008
=========================================================
GEETABEN
TULSIBHAI PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
HL
PATEL ADVOCATES for
Applicant(s) : 1 - 3.
PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 19/06/2008
ORAL
ORDER
Heard
Mr. Vijay Patel, learned Advocate for H.L. Patel Advocates for the
applicants.
It
is submitted that a bare perusal of the allegations made in the
complaint, clearly shows that this is not a case wherein it can be
said that the petitioner has in any manner abetted the suicide. It
is submitted that mere unwillingness to go with the deceased, cannot
be said to be an abetment so as to attract the provisions of Section
306 of the Indian Penal Code. It is also submitted that complaint in
question has been lodged after an inordinate delay of 10 months.
Considering
the submissions advanced by learned advocate for the petitioners,
issue Notice and Notice as to interim relief returnable on
18.7.2008. Mr. Mukesh Patel 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.
(HARSHA
DEVANI.J.)
Suresh*
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