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SCR.A/342/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 342 of 2005
with
SPECIAL
CRIMINAL APPLICATION No. 1203 of 2005
with
MISC.
CRIMINAL APPLICATION No. 10969 of 2005
==============================================================
SHITALBEN
SANJAYBHAI SHAH & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
==============================================================
Appearance
:
MR
PR NANAVATI for
Applicant(s) : 1 - 3.
MR HL JANI, APP for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) :
2,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 25/10/2005
COMMON
ORAL ORDER
Special
Criminal Application No.342/2005 and Special Criminal Application
No.1203/2005 are arising out of the same CR number i.e., CR
No.I-342/2004. One of the accused of this complaint is Shri
Sanjaybhai. He is also accused in CR No.I-346/2004. He has entered
into Memorandum of Understanding with the complainant of the said
complaint and the complaint is quashed by the Court today since the
matter is amicably settled. However, it is an admitted position
that the said accused has not complied with the terms and conditions
and hence bail is cancelled earlier by this Court. It is also an
admitted position that despite the cancellation of bail the said
accused has not surrendered before the Investigating Officer. Be
that as it may, the Court is not passing any order at this stage
either to entertain or dismiss this petition. Mr.P.R.Nanavati, the
learned advocate appearing for the petitioner submitted that the
settlements have been arrived and as a part of settlement, the
petitioner is likely to give some amount to the complainants and
hence the matter was adjourned for the last two to three occasions.
Despite this fact, no amount has been deposited by the present
petitioner. The Court is, therefore, directing the petitioner
through his advocate Mr.Nanavati as suggested by him that the
petitioner shall deposit an amount of Rs.15 lacs with this Court on
or before 10.11.2005. It is also made clear that if the said amount
will not be deposited before this Court, these petitions will not
be entertained. Both these matters are, therefore, adjourned to
21.11.2005.
Since
Special Criminal Application No.10969/2005 is filed by original
complainants, learned advocate Mr.Jal S. Unwala, appearing for the
petitioners has made a request that this matter may also be simply
adjourned along with the said two matters. Accordingly, this
petition is also adjourned to 21.11.2005. Office is directed to
place all these matters in the First Board on 21.11.2005.
kks
(K. A. PUJ, J.)
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