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CR.MA/5909/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5909 of 2011
In
CRIMINAL
MISC.APPLICATION No. 1810 of 2011
=========================================================
HETALBEN
D/O GHELABHAI RABARI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
MH SHAIKH for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 09/05/2011
ORAL ORDER
In the present petition
following prayers are made by the petitioner :-
(A)
Your Lordships may be pleased to admit and allow this Criminal
Misc. Application in the matter of Criminal Misc. Application
No.1810 of 2011.
(B)
Your Lordship may be pleased to issue writ of mandamus or any
other appropriate writ, order or direction in the nature of
mandamus by quashing and setting aside FIR dated 23rd
December, 2010 annexed at Annexure-A bearing C.R. No.I-191/2010
registered before the Kheda town Police Station, Dist. Kheda.
(C)
Your Lordship may be pleased to set aside the oral order passed by
Hon’ble Court on 6th April, 2011.
(D)
Pending, admission, hearing and final disposal of this
application, Your Lordships may be pleased to grant ad-interim
relief in terms of restraining the respondent No.2 to stay the
investigation in connection of the FIR dated 23rd
December, 2010 annexed at Annexure-A bearing C.R. No.I-191/2010
U/s.366 of the I.P.C. Registered before Kheda Police Station, Dist.
Kheda.
(E)
Your Lordship may be pleased to pass an order and direction for the
record of statement of applicant before any Magistrate or Judge of
Ahmedabad City Courts, in connection of the FIR dated 23rd
December, 2010 annexed at Annexure-A bearing C.R. No.I-191/2010
U/s. 366 of the IPC registered before Kheda Police Station, Dist.
Kheda, and direction may be given to Police Commissioner Ahmedabad
for providing police protection during the time of statement of
applicant.
(F)
Your Lordships may be pleased to pass the order and direction may
be given to police authority for providing protection to petitioner
during the mark her presence before this Hon’ble Court for making
her statement.
(G)
The applicant has not filed any other application before this
Court and Hon’ble Supreme Court of India.
Alongwith this petition
affidavit of Hetalben was also placed on record which is at
Annexure-B to the petition. The present petitioner has filed another
petition being Criminal Misc. Application No.1810 of 2011 making
following identical prayers :-
(A)
Your Lordships may be pleased to admit and allow this Misc.
Criminal Application.
(B)
Your Lordships may be pleased to issue writ of mandamus or any
other appropriate writ, order or direction in the nature of
mandamus by quashing and setting aside the FIR dated 23.12.2010
annexed at Annexure-A bearing C.R No.I-191/2010 registered before
the Kheda Town Police Station, Dist. Kheda.
(C)
Pending admission, hearing and final disposal of this application
Your Lordships may be pleased to grant ad-interim relief in terms
of restraining the respondent No.2 from arresting the applicant in
connection of the FIR dated 23.12.2010 annexed at Annexure-A
bearing C.R.No.I-191/2010 registered before the Kheda Police
Station, Dist. Kheda.
(D)
Grant such other and further reliefs that may be deemed fit and
prayer in the facts and circumstances of the case.”
Considering the prayers
made by the present petitioner in Criminal Misc. Application No.1810
of 2011 and considering the affidavit of Hetalben, in opinion of
this Court present Misc. Criminal Application is not tenable. Hence
it stands summarily dismissed.
( M. D.
SHAH, J.)
kks
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