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CR.MA/8092/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8092 of 2008
=========================================
VALJIBHAI
HARIBHAI PATEL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
SP KOTIA for Applicant(s) : 1 - 2.
PUBLIC
PROSECUTOR for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 27/06/2008
ORAL
ORDER
1. Heard
Mr. S.P. Kotia, learned advocate for the petitioners.
2. It
is submitted that the allegation in the complaint is to the
effect that the power of attorney is a forged and fabricated one.
That on the basis of such forged and fabricated power of attorney, a
sale deed has been executed. That even as per the complainant, the
petitioners are witnesses to the sale deed. It is submitted that in
the circumstances, the petitioners can in no manner be said to be
involved in the offence in question. It is further pointed out that
this Court vide order dated 18th December, 2007 passed in
Criminal Application No/15204 of 2008 made by the original accused
No.4, who is the purchaser of the lands in question, this Court has
issued notice and granted interim relief.
3. Having
regard to the submissions advanced by the learned advocate for the
petitioners, issue Notice returnable on 21st July, 2008.
By way of ad interim relief, further proceedings of Criminal Inquiry
Case No.91 of 2007, are hereby stayed qua the present petitioners.
4. Mrs.
M.L. Shah, learned Additional Public Prosecutor waives service of
notice on behalf of respondent No.1 ? State of Gujarat.
Direct
service is permitted qua respondent No.2.
(HARSHA
DEVANI, J.)
shekhar/-
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