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CR.MA/8264/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8264 of 2008
==========================================
INDRAVADAN
VALLABHBHAI PARIKH
Versus
STATE
OF GUJARAT & ORS
==========================================
Appearance
:
MR BS PATEL for Applicant:1
MR
MUKESH PATEL, ADDL.PUBLIC PROSECUTOR for Respondent:1
None for
Respondents:2-3
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 27/06/2008
ORAL ORDER
Heard
Mr.B.S.Patel, learned Advocate for the petitioner.
The
learned Advocate for the petitioner has drawn the attention of the
Court to the allegations made in the complaint to submit that the
allegations mainly pertain to the accused No.1 and that the
petitioner herein has no role to play qua the offences as alleged.
It is further pointed out that the auditor has relied upon the
earlier resolution of the society and has overlooked the fact that
the Society had passed a subsequent resolution dated 8th
February, 2001, whereby it was resolved that the dealings of the
Society with the Bank would be by a committee of any two of the
members named therein, wherein it was mandatory that the same should
be signed by either the Chairman or the Secretary of the Society.
Considering
the submissions advanced by the learned Advocate for the petitioner
and looking to the nature of the allegations made against the
petitioner in the First Information Report in question, issue NOTICE
returnable on 11th
July, 2008. By way of ad-interim relief, further proceedings
pursuant to the First Information Report registered vide Santrampur
Police Station I-C.R.No.68 of 2008 are hereby stayed qua the present
petitioner Indravadan Vallabhbhai Parikh only.
Mr.Mukesh
Patel, 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.)
Amit/-
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