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CR.MA/11750/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11750 of 2008
With
CRIMINAL
MISC.APPLICATION No. 6030 of 2011
With
CRIMINAL
MISC.APPLICATION No. 5199 of 2011
To
CRIMINAL
MISC.APPLICATION No. 5209 of 2011
=========================================
SUO-MOTU
- Applicant(s)
Versus
DEVESH
BHATT - Respondent(s)
=========================================
Appearance
:
SUO MOTU
for Applicant(s) : 1,
RULE
SERVED for Respondent(s) : 1,
MR ASIM J PANDYA for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 29/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. In
spite of the previous orders and issuance of non-bailable warrant,
the respondent, Mr. Devesh Bhatt, is not present and has not been
brought to the Court by the police after arresting him. An affidavit
of Senior Police Inspector, Gujarat University Police Station, is
submitted by learned Additional Advocate General to place on record
the efforts made to arrest the respondent. It clearly
appears that the respondent is avoiding service of process of this
Court and is likely to abscond, even as twelve other cases of
contempt of Court are registered and listed for hearing today.
2. Under
the circumstances, hearing of the Criminal Misc. Application No.
11750 of 2008 is adjourned to 04.07.2011 and office is
directed to issue bailable warrant alongwith copies of
reference/motions as the case may be in the sum of Rs. 20,000/- with
surety of the like amount in each of the other cases for production
of the respondent, Mr. Devesh Bhatt on 04.07.2011.
3. Learned
counsel, Mr. Asim Pandya has been requested to assist the Court as an
amicus curiae in all the
matters. His name appears to have been wrongly shown against the name
of Mr. Devesh Bhatt on the board for listing the matters today.
Therefore, office is directed to see that name of learned counsel,
Mr. Asim Pandya, is not shown against the name of Mr. Devesh Bhatt.
The name of learned counsel Mr. Asim Pandya, should be shown below
the words Suo Motu and the words amicus curiae
should appear in the same line in which the name of Mr. Asim Pandya
is shown.
4. As
learned Additional Advocate General, Mr. Tushar Mehta, has appeared
to assist the Court, he is requested to see that by the next date of
hearing, appropriate arrangements are made to see that the warrants
are executed upon Mr. Devesh Bhatt in the meantime, failing which an
affidavit of Police Officer of the rank of Dy.
Commissioner of Police concerned is filed to explain failure of the
police department in executing warrants of this Court. He is also
requested to collect and provide information about the properties and
bank accounts of Mr. Devesh Bhatt so as to order attachment thereof,
in case of necessity.
5. Necessary
steps should also be taken for forfeiture of the bond executed by Mr.
Devesh Bhatt at the time of being released on bail pursuant to the
bailable warrant issued earlier. The State of Gujarat shall stand
joined as party respondent in Criminal Misc. Application No. 6030 of
2011 and Criminal Misc. Applications No. 5199 of 2011 to 5209 of 2011
and Government Pleader shall be shown to be appearing for the State
on the cause list, as suggested by learned Additional Advocate
General.
[D.H.WAGHELA,
J.]
[K.A.
PUJ, J.]
JYOTI
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