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SCR.A/131120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1311 of 2008
=========================================================
SONALBEN
SUDHAKER VORA - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR.MRUDUL
M BAROT for
Applicant(s) : 1,
MR MG NANAVATI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2,
MR
KH BAXI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/09/2008
ORAL
ORDER
It
is reported that in spite of the pendency of the present Special
Criminal Application and this Court was seriously considering the
legality and validity of the impugned order, respondents No.2 and 3
have left India and they have gone to Australia. It, prima facie,
appears that when this Court was seriously considering the legality
and validity of the order passed by learned trial Court permitting
the respondents to go abroad, respondents No.2 and 3 ought not to
have left India. It also, prima facie, appears to the Court that
respondents No.2 and 3 have tried to make the present proceedings
infructuous and have tried to be too smart. This Court deprecates the
said attempt. Shri Baxi, learned advocate appearing for the
respondents No.2 and 3, has submitted that he will obtain necessary
instructions from respondents No.2 and 3 and/or the family member who
is in India whether their presence can be re-secured or not. He may
take appropriate instructions, failing which appropriate order will
be passed by this Court to secure the presence of the respondents
No.2 and 3 and thereafter the present proceedings can be considered
on merits. S.O to 24th
September, 2008, the date which is convenient to learned
advocate Mr.Baxi. To be placed in first Board.
(M.R.Shah,
J.)
sudhir
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