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CR.MA/7517/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7517 of 2008
==========================================
DEVENDRABHAI
RASIKLAL PANCHAL & ANR
Versus
STATE
OF GUJARAT & ANR
==========================================
Appearance
:
MR RJ GOSWAMI for
Applicants:1-2
MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for
Respondent:1
None for
Respondent:2
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 17/06/2008
ORAL ORDER
Heard
Mr.R.J.Goswami, learned Advocate for the petitioners.
It
is submitted that in respect of a purely civil dispute, a criminal
complaint has been lodged. It is further pointed out that the
learned Additional Senior Civil Judge, Rajkot has issued summons in
respect of the offences punishable under Sections 323 and 506(2) of
the Indian Penal Code, 1860, which as per the averments made in the
First Information Report, have been committed at Dahod. Hence, the
learned Additional Senior Civil Judge, Rajkot had no jurisdiction to
issue process on the said complaint.
Considering
the submissions advanced by the learned Advocate for the
petitioners, issue Notice returnable
on 15th July, 2008. By way of ad-interim relief, further
proceedings in connection with Criminal Case No.10273 of 2006
pending before the learned 5th Additional Senior Civil
Judge and Judicial Magistrate First Class, Rajkot, are hereby
stayed.
Mr.K.P.Raval,
learned Additional Public Prosecutor waives service of Notice on
behalf of respondent No.1-State of Gujarat.
(HARSHA
DEVANI, J.)
Amit/-
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