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SCR.A/846/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 846 of 2010
=========================================================
TRIBHOVANBHAI
RAMBHAI PRAJAPATI & 3 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
PARESH A. PATEL for
Applicant(s) : 1 - 4.
Mr Shivang Shukla, Addl.PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/05/2010
ORAL
ORDER
1. Heard
Mr P.A. Patel, learned Advocate for the applicants.
2. It
is submitted that the averments made in the impugned complaint run
counter to the report of the Court Commissioner and certain
statements made before the Civil Court by the complainant. Even the
complaint, if read as a whole, is nothing but abuse of process of law
since it does not disclose any offence as alleged.
3. Considering
the nature of dispute, report of the Court Commissioner in a pending
civil proceedings and statements made in the above proceedings,
4. Issue
NOTICE returnable on 01.7.2010. Meanwhile, ad-interim relief in
terms of para 22 [C]. However, pendency of this Special Criminal
Application will not be a bar for the Civil Court to deal with any
application that will be filed by any aggrieved persons and the same
may be adjudicated in accordance with law. Direct Service is
permitted.
[ANANT
S. DAVE, J.]
msp
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