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CR.MA/10187/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10187 of 2011
=========================================================
VIJIYA
JAIN W/O MUKESH JAIN - PROP. M/S. GULABCHAND MISHRILA - Applicant(s)
Versus
JITENDRABHAI
CHIMANLAL THAKKAR & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MANISH S SHAH for
Applicant(s) : 1,
None for Respondent(s) : 1,
MR KP RAVAL
ADDL.PUBLIC PROSECUTOR for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/07/2011
ORAL
ORDER
By
way of this petition under Sec.482 of the Code of Criminal Procedure
the petitioner – original
accused has prayed for the following main reliefs in para 7 :-
“(B). The
Hon’ble Court be pleased to grant permanent exemption to petitioner
from personal appearance and permit the petitioner
to record her plea and contest her case through counsel,
pending before Addl. Sr. Civil Judge and J.M.F.C., Bhavnagar in
Criminal Case No.4650/2010;
(C). The
Hon’ble Court be pleased to quash the arrest warrant or convert it
into bailable warrant isused in Criminal Case No.4650/2010 on
27.6.2011 pending before Addl. Sr. Civil Judge and J.M.F.C. at
Bhavnagar.
(D). Pending
admission hearing and till final disposal of the present petition,
the Hon’ble Court be pleased to stay the operation of arrest warrant
issued in pursuance to order dated 27/6/2011 by the trial court in
Criminal Case No.4650/2010 at Bhavnagar.”
The
learned advocate appearing on
behalf of the petitioner has stated at the bar that he does
not press the present petition in terms of para 7(C) and 7(D).
Therefore, present petition is dismissed as not pressed so far as
the prayer in terms of para 7(C) and 7(D).
So
far as the prayer in terms of para 7(B) is concerned Mr.Manish Shah,
learned advocate appearing on
behalf of the petitioner has stated at the bar that the
petitioner shall remain
present before the concerned Magistrate pursuant to the Non-Bailable
Warrant on 5/8/2011, however, he has requested that suitable
directions be issued directing the learned Magistrate to record the
plea of the petitioner on
the very day and liberty be reserved in favour of the petitioner
to submit appropriate application for permanent exemption
and the learned Magistrate may be directed to consider the same on
suitable terms and directions. With above liberty, he does not
press the present petition.
In
view of the above statement made by Mr.Manish Shah, learned
advocate appearing on behalf of the petitioner present
petition is dismissed as not pressed even with respect to prayer in
terms of para 7(B). Let the petitioner
appear before the concerned Magistrate on 5/8/2011 pursuant
to the Non-Bailable Warrant against her and the learned Magistrate
is directed to record the plea of the petitioner – accused on
the very day and thereafter it will be open for the petitioner
to submit appropriate application for permanent exemption
and as and when such application is filed, the same shall be
considered by the learned trial court in accordance with law and on
merits and prayer of the petitioner
for permanent exemption can be considered on suitable terms
and conditions and considering the decisions of the Hon’ble
Supreme Court on the issue.
With
these present petition is dismissed as not pressed with above
liberty.
Direct
Service is permitted.
[M.R.
SHAH, J.]
rafik
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