Gujarat High Court
Mehul Dilipbhai Pandya vs State Of Gujarat & 3 on 20 June, 2015
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
R/SCR.A/3866/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3866 of 2015
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MEHUL DILIPBHAI PANDYA
Versus
STATE OF GUJARAT & 3
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Appearance:
MR PARTHIV B SHAH, ADVOCATE FOR the Applicant(s) No. 1
MS ARCHANA R ACHARYA, ADVOCATE FOR the Applicant(s):1
MR LB DABHI, LEARNED ADDITIONAL PUBLIC PROSECUTOR FOR the
Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
ORAL ORDER
20/06/2015 The matter was urgently mentioned today, before the Honourable Acting Chief Justice. After permission was granted by the Honourable Acting Chief Justice,it has been listed before this Court, today.
Heard Mr.Parthiv B. Shah, learned advocate for the petitioner.
It is submitted that the present FIR being C.R. NO.I-153 of 2015, is the second FIR preferred by the complainant, respondent No.2, who is the wife of the petitioner, against the petitioner. The first FIR being C.R.No.I-134 of 2015 was lodged with Sayajigunj Police Station, Vadodara. In respect of that FIR, the petitioner has approached this Court by way of Criminal Page 1 of 3 R/SCR.A/3866/2015 ORDER Misc. Application No.9942 of 2015, wherein, by order dated 27.05.2015, this Court has directed that no coercive action be taken against the petitioner. However, the same complainant has now preferred the FIR in question at Gotri Police Station, Vadodara, in respect of offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code.
It is further submitted that the petitioner, who is cooperating with the investigation of the FIR filed at Sayajigunj Police Station, went to the said Police Station on 19.06.2015, at around 6:30-7:00 PM. After recording his statement, at about 8:30 to 9:00 PM, when the petitioner was leaving Sayajigunj Police Station, two Constables rushed to him and stated that his presence was required in connection with the impugned FIR being C.R. No.I-153 of 2015, lodged with Gotri Police Station. The petitioner was taken to Gotri Police Station. However, his brother, who went there at about 10:00 PM, was not allowed to meet him despite repeated requests. The petitioner has been retained in custody at the DCB Police Station, even though he was not placed under arrest.
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R/SCR.A/3866/2015 ORDER Issue Notice, returnable on 26.06.2015. Mr.L.B. Dabhi, learned Additional Public Prosecutor, waives service of notice for respondent No.1- State of Gujarat.
Interim relief in terms of Paragraph-10(B) is granted.
In addition to the normal mode of service, Direct Service, today, to respondent No.2, through the concerned Police Station, is also permitted.
In addition thereto, the petitioner is permitted to serve the notice by way of facsimile transmission (Fax) to the concerned Police Station, at the cost of the petitioner.
(SMT. ABHILASHA KUMARI, J.) piyush Page 3 of 3