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SCR.A/266/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 266 of 2010
=============================================
PATEL
MAHENDRABHAI RATILAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
SV RAJU Sr. Advocate with MR VIJAY J SHAH for Applicant(s) : 1 -
2.
MR SHIVANG J SHUKLA APP for Respondent(s) : 1,
MR AM PAREKH
for Respondent(s) : 2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 12/04/2010
ORAL
ORDER
Mr.
S.V.Raju, learned Senior Advocate appearing with Mr. Vijay Shah,
learned advocate for the petitioners submits that so far as
petitioner No.2-Vitthalbhai Maghabhai Makwana, the then in-charge,
Mehsana Sub-Jail is concerned, there is no evidence on record about
his involvement in the alleged crime and even statements of witnesses
do not reveal that he was in the jail at the time of unfortunate
incident. Learned Senior Advocate further submits that while setting
aside the issuance of process by the learned Magistrate, learned
Principal District Judge, Mehsana quashed and set aside the process
qua the petitioners.
In
view of the above, ad-interim relief granted by order dated
17.02.2010 by this Court is modified and now shall be operative qua
petitioner No.2 only.
S.O.
to 04.05.2010.
[Anant
S. Dave, J.]
*pvv
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