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CR.MA/8495/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8495 of 2008
==========================================
RAMBHAI
KALIDAS PRAJAPATI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
MIG MANSURI for Applicant(s) : 1,
MR KP RAVAL,
ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 02/07/2008
ORAL
ORDER
Heard
Mr.M.I.G. Mansuri, learned advocate for the petitioner.
It
is submitted that prior to passing adverse orders against the
present petitioner and saddling him with compensation against the
accused persons, the learned Presiding Officer & Additional
Sessions Judge ought to have given an opportunity of hearing to the
petitioner. It is submitted that, in the circumstances, the
observations against the present petitioner made in the impugned
order dated 30th May, 2008 rendered in Sessions Case No.2
of 2008 by the learned Presiding Officer & Additional Sessions
Judge, Fast Track Court No.1, Ahmedabad, being in breach of the
principles of natural justice, are required to be quashed and set
aside.
Considering
the submissions advanced by the learned advocate for the petitioner,
issue Notice returnable on 21st July, 2008. By way
of ad-interim relief, the implementation and execution of the
observations made qua the present petitioner at Serial No.8 in
paragraph 30 on pages 34 and 35 in the impugned order dated 30th
May, 2008 rendered in Sessions Case No.2 of 2008 by the learned
Presiding Officer & Additional Sessions Judge, Fast Track Court
No.1, Ahmedabad, is hereby stayed.
Mr.K.P.Raval,
learned Additional Public Prosecutor waives service of notice on
behalf of the respondent No.1 ? State of Gujarat.
[HARSHA
DEVANI, J.]
parmar*
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