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CR.MA/1904/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1904 of 2011
To
CRIMINAL
MISC.APPLICATION No. 1907 of 2011
=============================================
MAHESH
AMBALAL PATEL & 10 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
BHARAT K DAVE for Applicant(s) : 1 - 11.
MS CM SHAH ADDL. PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/02/2011
ORAL
ORDER
Heard
Mr. B.K. Dave, learned advocate for the applicants and it is
submitted that in a dispute of a civil nature between the complainant
and accused Nos. 1 to 3 and pursuant to commercial transaction about
sale and purchase of goods, the complainant has chosen to initiate
criminal machinery in motion and even investigation carried out
pursuant to the FIR is a farce and the police has cited all the
witnesses in different FIR in charge-sheet. It is therefore,
submitted that the impugned proceedings deserves to be quashed and
set aside.
Considering
the overall aspects, and the nature of allegations against the
applicants and averments made in the FIR, Rule. Learned APP,
waives service of rule on behalf of respondent – State.
Meanwhile,
ad-interim relief in terms of para 11 (c).
Notice
as to interim relief returnable on 29th March, 2011.
Direct
service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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