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SCR.A/53820/2005 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 538 of 2005
============================================
SIDIABHAI
KIDIABHAI NINAMA - Applicant(s)
Versus
STATE
OF GUJARAT & 11 - Respondent(s)
============================================
Appearance
:
MR AZIZ AN
ALVI for Applicant(s) : 1,
MR KT DAVE ADDL.
PUBLIC PROSECUTOR for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) : 2 - 12.
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/07/2008
ORAL
ORDER
1. Today
when the matter is called out, learned advocate for the petitioner is
not present.
2. On
26.9.2005, when the matter was called out on three occasions, learned
advocate for the petitioner was not present. Again on 21.11.2007,
the matter was called out twice but learned advocate did not turn up.
On 23.1.2008 also, learned advocate for the petitioner was not
present even after two calls.
3. Considering
the nature of prayer, F.I.R is already registered and the
investigating authority has taken proper facts. Not only that but
ownership and possession of the land being disputed question of fact,
cannot be looked into, in exercise of powers under Article 226 of the
Constitution of India.
4. No
case is made out. This petition is rejected. Notice is discharged.
[ANANT
S. DAVE, J.]
//smita//
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