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CR.MA/702320/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7023 of 2009
==========================================
MADHUBHAI
VIRJIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
PM THAKKAR, SR. ADVOCATE with MR HN JOSHI for M/S THAKKAR ASSOC.
for Applicant
PUBLIC PROSECUTOR for Respondent(s) :
1,
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 23/06/2009
ORAL
ORDER
Leave
to join the original complainant as respondent No.2.
Heard
Mr.P.M.Thakkar, learned Senior Advocate with Mr.H.N.Joshi, learned
advocate for the applicant.
Attention
is invited to the allegations made in the complaint, to submit that
the same are in the nature of purely civil disputes which are sought
to be given the colour of criminality. Attention is also invited to
the documents on record, to submit that in fact it was the applicant
who had initially alleged breach of the order of status quo by the
complainant.
Having
regard to the submissions advanced by the learned Senior Advocate as
well as considering the contents of the complaint from which it
prima facie appears that the dispute is a purely civil dispute,
Issue Notice returnable on
27th July 2009. By way of ad-interim relief, further
proceedings pursuant to the First Information Report registered vide
Katargam Police Station, Surat I 192/2006 are hereby stayed qua
the applicant only.
Mr.K.L.Pandya,
learned Additional Public Prosecutor waives service of notice on
behalf of respondent No.1 State of Gujarat.
Direct
service is permitted qua respondent No.2.
[HARSHA
DEVANI, J.]
parmar*
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