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SCR.A/74/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 74 of 2010
=========================================================
PARMAR
MAFATLAL KALIDAS & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
ANKIT Y BACHANI for
Applicant(s) : 1 - 2.
MR RC KODEKAR, APP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/01/2010
ORAL
ORDER
The
petitioners are original accused. They seek quashing of the complaint
at Annexure-A.
Learned
advocate for the petitioner submitted that the allegations in the
complaint are totally false and are made only to harass the
petitioners. He submitted that the incident as alleged had never
taken place.
In
a quashing petition, however, it is not possible to go into all these
questions.
Counsel
for the petitioners however, submitted that petitioner no.2 is aged
about 71 years. He is residing permanently in Mumbai and even as per
the complaint, he was not present at the spot when the incident took
place. I am sure the investigating agency shall bear into mind while
inquiring into the allegations and ensure that unnecessary
investigation is not caused to aged person.
Subject
to above observation, the petition is disposed of.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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