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CR.MA/10611/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10611 of 2011
In
CRIMINAL
MISC.APPLICATION No. 8376 of 2010
======================================
MUKESH
BHARATSINH PARMAR & 3 - Applicants
Versus
STATE
OF GUJARAT & 1 - Respondents
======================================
Appearance :
MR
BB NAIK, LD. SENIOR COUNSEL WITH MR ARPIT A KAPADIA for the
Applicants.
MR KP RAWAL, APP for Respondent No.1.
None for
Respondent No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/08/2011
ORAL
ORDER
1. The
present application has been preferred by the applicants herein –
original applicants of Criminal Misc.Application No.8376 of 2010 to
initiate appropriate proceedings against the concerned Investigating
Officer for committing contempt of Court’s order dated 27/07/2010
passed by this Court in Criminal Misc.Application No.8376 of 2010.
2. Heard
Mr.B.B.Naik, learned Senior Counsel appearing with Mr.Arpit Kapadia,
learned advocate appearing on behalf of the applicants herein and
Mr.K.P.Rawal, learned
Additional Public Prosecutor appearing on behalf of the
respondent-State and the concerned Investigating Officer. Affidavit
in reply is filed by the concerned respondent authority, affirmed by
Mr.B.R.Mori, the then In-charge Investigating Officer, who had
arrested the applicant. He has tendered unconditional apology for
arresting the applicant despite the ad-interim order passed by this
Court and has also explained the reasons. He has stated that as he
was served with the interim order passed by this Court granting
ad-interim relief in terms of Para 18(B) and no further writ was
served upon him and, therefore, he could not understand the
ad-interim relief granted by this Court.
3. In
view of the above unconditional apology tendered by the concerned
Investigating Officer, Mr.B.B.Naik, learned Senior Counsel appearing
on behalf of the applicants does not press the present application to
initiate appropriate proceedings against the concerned Investigating
Officer under the provisions of the Contempt of Courts’ Act.
4. In
view of the above, unconditional apology tendered by Mr.B.I.Mori –
the concerned Investigating Officer is hereby accepted and the
proceedings are dropped. With this, the present application is
disposed of. However, it is made clear that still it will be open for
the applicant-accused to contend that he could not have been arrested
as no case is made out against him.
[M.R.SHAH,J]
*dipti
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