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CR.MA/987620/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9876 of 2008
==========================================
NANDKISHORE
SHANKARLAL TRIVEDI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==========================================
Appearance
:
MR JB
PARDIWALA with MR RUSHABH R SHAH for Applicant(s)
: 1,
MR KT DAVE, APP for Respondent(s) :
1,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 25/07/2008
ORAL
ORDER
Rule.
Learned APP Mr. Dave waives service of notice of rule on behalf of
respondent State.
2. This
application under Section 482 of the Code of Criminal Procedure, 1973
is filed by the applicant facing prosecution in the court of
Additional Chief Judicial Magistrate, Gandevi for the offences
punishable under Sections 406, 420, 467, 468 and 120-B of the Indian
Penal Code.
3. It
is the case of the applicant that on the day namely, 11th
July, 2008 when the Criminal Case No.403 of 2004 was fixed for
hearing by the learned Additional Chief Judicial Magistrate, Gandevi,
on the previous day i.e. on 10th July, 2008, the applicant
was in the court of Chief Judicial Magistrate, Wardha in the State of
Maharashtra in connection with Criminal Case No.573 of 2002.
4. In
the above backdrop, Shri Pardiwala, learned advocate appearing for
the applicant submits that it was virtually impossible for the
applicant to remain present before the court at Gandevi before the
learned Additional Chief Judicial Magistrate in Criminal Case No.403
of 2004 and, therefore, issuance of non-bailable warrant was uncalled
for.
5. I
have heard leaned APP Mr. K.T. Dave appearing for the State who
submits that by imposing suitable conditions, appropriate order can
be passed.
6. Having
heard the learned counsel for the parties and considering the facts
and circumstances of the case, the fact remains that on the day
previous to the day of hearing at the court at Gandevi, the applicant
had gone to Wardha in the State of Maharashtra to attend another case
and, therefore, inability on the part of the applicant to attend the
proceedings on 11th July, 2008 cannot be said to be wilful
defiance or a deliberate attempt not to attend court proceedings or
honour the court’s order.
7. In
that view of the case, upon a statement made by learned counsel Shri
J.B. Pardiwala for the applicant that the applicant will remain
present on the next date of hearing i.e. 04th August,
2008, the order dated 11th July, 2008 below Exh.114 passed
in Criminal Case No.403 of 2004 by the learned Additional Chief
Judicial Magistrate, Gandevi is quashed and set aside. The
application is accordingly allowed. Rule made absolute to the
aforesaid extent.
8. In
view of the above, non-bailable warrant stands cancelled and the
applicant shall remain present before the court at Gandevi on 04th
August, 2008.
(
Anant S. Dave, J. )
hki
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