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SCR.A/606/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 606 of 2010
=============================================
TANUBEN
KAUSHIKBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
NARENDRA L JAIN for Applicant(s) : 1,
PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/04/2010
ORAL
ORDER
Mr.Jain,
learned advocate for the petitioner, submits that by refusing to
grant adjournment and proceeding further with the pending case,
learned Magistrate has committed impropriety inasmuch as the
certificate issued by the Orthopedic Surgeon dated 26.03.2010 reveals
that the petitioner has undergone spine operation.
In
addition to the above, today learned advocate for the petitioner
submitted MRI report dated 26.03.2010 along with certificate of
Orthopedic Surgeon, which are ordered to be taken on record.
Considering
the above, prima face, I am of the opinion that when the
petitioner is under medical treatment and relevant material in
support of such treatment is on record, there was no justification on
the part of the learned Magistrate to refuse adjournment and to
proceed with the case.
Issue
notice returnable on 27.04.2010.
In
the meanwhile, further proceedings of Case No.737 of 2009 pending
before the learned Magistrate Negotiable Instruments Act Court No.7,
Collector Compound, Gheekantha, Ahmedabad shall remain stayed.
Direct
service is permitted.
[Anant
S. Dave, J.]
*pvv
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