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CR.MA/8504/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8504 of 2011
In
SPECIAL
CRIMINAL APPLICATION No. 2567 of 2010
=========================================
JAN
MOHAMMED SIDI MAKRANI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================
Appearance :
MR
PS CHAMPANERI for
Applicant(s) : 1,
MR. DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/08/2011
ORAL
ORDER
1. Rule. Shri
Dabhi, learned APP waive service of notice of Rule on behalf of the
respondent no.1 State. In the facts and circumstances of the case and
with the consent of the learned advocates for the respective parties,
present application is taken up for final hearing today.
2.0 Present
application has been preferred by the applicant herein original
applicant to restore the main Special Criminal Application No.2567 of
2010, which came to be dismissed for non prosecution for non removal
of office objections.
3.0. Shri
Champaneri, learned advocate for the petitioner has submitted that as
the wife of clerk of the learned advocate for the petitioner has
expired at the relevant time, officer objections could not be
removed. He has submitted that office objections shall be removed
within one week from today.
4.0. Under the
circumstances, present application is allowed and Special Criminal
Application No.2567 of 2010 is hereby ordered to be restored to file.
Time to remove the office objections is hereby granted upto 2nd
September 2011, failing which main application shall be dismissed for
non prosecution automatically without referring the matter to the
Court and same shall not be restored. Rule is made absolute to the
aforesaid extent.
(M.R.SHAH,
J.)
kaushik
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