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CR.MA/7734/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7734 of 2011
=========================================
KALPESHKUMAR
SHAMBHULAL THAKKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
VIRAT G POPAT for
Applicant(s) : 1,
MR. RAWAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 10/08/2011
ORAL
ORDER
1.0. By
way of this application under Section 482 of the Code of Criminal
Procedure, the applicant-original accused has prayed for following
reliefs:
8(a). To
struck down condition no.2 imposed upon the applicant in order dated
3.5.2011 passed in Criminal Miscellaneous Application No.642 of 2010
by the learned Additional Sessions Judge, at Deesa, Banaskantha.
8(b). To
grant one month’s more time to the applicant to deposit the remaining
10% of the amount as per the order dated 3.5.2011 passed in Criminal
Miscellaneous Application No.642 of 2010 by the learned Additional
Sessions Judge, at Deesa, Banaskantha.
2.0. Shri Virat
Popat, learned advocate for the petitioner has submitted that after
the order dated 3.5.2011 and on non deposit of remaining amount of
10% as per the order dated 3.5.2011, further order has been passed by
the learned Magistrate against which the petitioner has preferred
Criminal Miscellaneous Application No.10962 of 2011. In view of the
above, as such the present application is not required to be
entertained as it will be open for the applicant to pray for the
relief which is sought in the present petition and the said Criminal
Miscellaneous Application. Under the circumstances, Shri Popat,
learned advocate for the petitioner seeks permission to withdraw the
present application with a liberty to submit an appropriate
application for amendment in the said Criminal Miscellaneous
Application No.10962 of 2011 seeking relief which is sought in the
present Criminal Miscellaneous Application. Permission is accordingly
granted. Without further entering into the merits of the case and
without expressing anything on merits and with above liberty, present
application is dismissed as withdrawn. With this, present application
is dismissed as withdrawn with above liberty.
(M.R.SHAH,J.)
kaushik
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