Gujarat High Court
Gordhanbhai Chhaganbhai Ghodasara & 4 vs Hitendrabhai Labhshankar Thaker & on 15 December, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/CR.MA/6842/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 6842 of 2014
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GORDHANBHAI CHHAGANBHAI GHODASARA & 40....Applicant(s)
Versus
HITENDRABHAI LABHSHANKAR THAKER & 1....Respondent(s)
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Appearance:
HCLS COMMITTEE, ADVOCATE for the Applicant(s) No. 1 - 41
MS BHAVIKA H KOTECHA, ADVOCATE for the Applicant(s) No. 1 - 41
MR AN SHAH, APP for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/12/2014
ORAL ORDER
Ms. Kotecha, the learned advocate appearing on behalf of the applicants original accused does not press this application and seeks permission to withdraw the same, as her clients intend to file a discharge application before the trial Court.
Permission as prayed for is granted. This application is disposed of as not pressed. I clarify that I have otherwise not gone into the merits of the matter. If any discharge application is filed, the same be considered in accordance with law without being influenced by the fact that this prosecution is an offshoot of some orders passed by this Court in a contempt proceedings arising from a PIL. The trial Court shall also take into consideration while deciding the discharge application as regards the applicability of the Section430 of the IPC as well as the Provisions of the Gujarat Irrigation and Drainage Act, 2013 and the Rules framed therein.
Page 1 of 2 R/CR.MA/6842/2014 ORDER
(J.B.PARDIWALA, J.)
aruna
Page 2 of 2