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SCR.A/1946/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1946 of 2008
=========================================================
H
R PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
PS CHAMPANERI for Applicant(s) : 1,
MR
M.R.MENGDEY, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/09/2008
ORAL
ORDER
1. Mr.Champaneri,
learned Advocate seeks permission to delete respondent No.3.
Permission is accordingly granted.
2. Rule.
Mr.M.R.Mengdey, learned APP waives service of rule on behalf of the
respondent ? State.
3. By
way of this petition under Article 226 of the Constitution of India,
petitioner ? original accused has prayed for an appropriate order
preventing respondent Nos.1 and 2 from affecting the arrest of the
petitioner in connection with complaint being C.R.No.I-179 of 2008
registered at Vejalpur Police Station, Ahmedabad.
4. Mr.Champaneri,
learned Advocate for the applicant has submitted that the applicant
will appear and/or surrender before the learned Special Court,
Ahmedabad (Rural) on 06th October, 2008 at 11.00 a.m. and
the learned Special Court may take the applicant into custody. It is
further submitted that the applicant will submit appropriate
application for releasing him on bail and the same may be considered
by the learned Special Court on that day.
5. Under
the circumstances, let the applicant appear / surrender before the
learned Special Court, Ahmedabad (Rural) on 06th October.
2008 at 11.00 a.m.. He shall be taken into judicial custody and/or
same may be treated as taking the applicant into judicial custody and
it will be open for the applicant to submit appropriate application
for releasing him on bail and same may be considered by the learned
Special Court, Ahmedabad (Rural) as far as possible on the very day
decide and dispose of the same. With these, present application is
disposed of. Direct service is permitted.
[M.R.Shah,J.]
satish
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