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CR.MA/8631/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8631 of 2008
==========================================
KUNVARJIBHAI
DEVRAJ PADSUMBIA & ORS
Versus
STATE
OF GUJARAT & ORS
==========================================
Appearance
:
MR JV MEHTA for
Applicants:1-4
MR KP RAVAL, ADDL.PUBLIC
PROSECUTOR for Respondent:1
None
for Respondents:2-3.
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 04/07/2008
ORAL ORDER
Heard
Mr.J.V.Mehta, learned Advocate for the petitioners.
It
is pointed out that on the same facts, the respondent No.3-
complainant had lodged a complaint before the learned Judicial
Magistrate First Class, Morbi being Criminal Case No.1937 of 2003.
It is submitted that suppressing the said facts, the respondent No.3
has again filed a complaint being Criminal Inquiry No.63 of 2008
wherein the learned Judicial Magistrate First Class, Morbi had
directed investigation under section 156(3) of the Code of Criminal
Procedure, 1973, (‘the Code’). It is submitted that on the same
facts, a second complaint ought not to have been entertained.
Considering
the submissions advanced by the learned Advocate for the petitioners
and looking to the material on record, issue NOTICE returnable
on 11th August, 2008. By way of ad-interim relief,
further proceedings of Criminal Inquiry No.63 of 2008 pending before
the learned Additional Chief Judicial Magistrate First Class, Morbi
as well as Morbi City Police Station M.Case No.14 of 2008 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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