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SCR.A/1781/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1781 of 2008
=========================================================
ZAKARIYA
MOHMAD KARUD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Applicant(s) : 1 - 2.MR PP MAJMUDAR for Applicant(s) : 1 - 2.
MR
M.R. MENGDEY ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/09/2008
ORAL
ORDER
Present
petition is filed by the petitioners – original accused for
appropriate order quashing and setting aside order dtd.4/9/2008
passed by the learned Judicial Magistrate (First Class), Vanthali
in the complaint CR No.I-77 of 2008 and for a permission to leave
State of Gujarat as well as country and permit them to go United
Kingdom for the purpose of ?STarabih-Namaz?? during Ramzan.
Considered
the Affidavit-in-reply submitted by the investigating officer and
considering the nature of the allegations, the prevailing position
and the fact that one of the accused has gone to Saudi Arebia and is
yet to be arrested, and it is the apprehension of the prosecution
that if the petitioners are permitted to leave country, they may not
be available for investigation and for trial, at present the
prayers of the petitioners cannot be granted. In the facts and
circumstances of the case, the petition deserves to be dismissed and
is accordingly dismissed. Notice is discharged.
[M.R.
SHAH, J.]
rafik
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