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CR.RA/97/2009 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 97 of 2009
With
CRIMINAL
REVISION APPLICATION No. 98 of 2009
======================================
RAJESHKUMAR
JAGDISHBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
======================================
Appearance :
Mr.
H.B. Champavat for MR RJ GOSWAMI
for Applicant
Mr.
Kartik Pandya, Additional Public Prosecutor, for respondent No.1
MS
LILU K BHAYA for Respondent(s) :
2,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/06/2010
COMMON
ORAL ORDER
No
one appears for respondent No.2
Heard
learned advocate for the applicant and learned APP.
Learned
counsel for the applicant has relied upon the judgment of the Orissa
High Court in the case of Kotta Gopinarayan Chowdhary vs. State of
Orissa, reported in 2003 Cri.L.J. 4050 and submitted that charge
under Section 413 of the Indian Penal Code cannot be maintained
unless the previous conviction of the applicant for commission of
offence under Section 411 of the Indian Penal Code is proved.
Considering
the above, Rule returnable on 23.7.2010.
The
impugned criminal proceedings pursuant to the charge sheet qua
Section 413 of the Indian Penal Code shall remain stayed. Learned APP
waives service of Rule on behalf of respondent No.1.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
(swamy)
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