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SCR.A/1959/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1959 of 2011
=========================================
KAMALABEN
MOHANLAL BAROT - Applicant(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================
Appearance :
MR
DEVDIP BRAHMBHATT for
Applicant(s) : 1,
MR. RAWAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 03/08/2011
ORAL
ORDER
1.0. In
view of decisions of the Hon’ble Supreme Court in the case of
Gangadhar Janadan Mhatre v. State of Maharstra & Others
reported in (2004) 7
SCC 768 and Aleque
Padamse And others v. Union of India and Others reported
in (2007) 6 SCC 171
as well as this
Court in the case of Kanubhai Shamjibhai Dayani & Anr v. State
of Gujarat & Ors reported
in 2007 (3) GLR 2684, Shri Brahmbhatt, learned advocate
for the petitioner seeks permission to withdraw the present petition
with a liberty to file a private complaint under Section 154 of the
Code of Criminal Procedure. Shri Brahmbhatt, learned advocate for the
petitioner has stated at the bar that petitioner may pray for police
investigation under Section 156(3) of the Code of Criminal
Procedure.
2.0. In
view of the above, without further entering into the merits of the
case and / or expressing anything on merits, present application is
dismissed as not pressed with above liberty. As and when, any private
complaint is made, the same be considered in accordance with law and
on merits and even prayer of the petitioner for sending the said
complaint for police investigation under Section 156(3) of the Code
of Criminal Procedure, be considered in accordance with law, for
which this Court has not expressed anything on merits. With this,
present application is dismissed as not pressed.
(M.R.SHAH,J.)
kaushik
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