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Supreme Court - Daily Orders

Lilaben Through Power Of Attorney ... vs State Of Gujarat . on 3 January, 2017

Bench: A.K. Sikri, Abhay Manohar Sapre

                                                            1

     ITEM NO.20                                    COURT NO.8                  SECTION IIB

                                     S U P R E M E C O U R T O F          I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s).
     21409/2016

     (Arising out of impugned final judgment and order dated 29/07/2016
     in CRRA No. 129/2016 passed by the High Court Of Gujarat At
     Ahmedabad)

     LILABEN THROUGH                      POWER OF ATTORNEY HOLDER              Petitioner(s)

                                                           VERSUS

     STATE OF GUJARAT AND ORS.                                                  Respondent(s)

     (with appln. (s) for c/delay in filing slp)


     Date : 03/01/2017 This petition was called on for hearing today.

     CORAM :                  HON'BLE MR. JUSTICE A.K. SIKRI
                              HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

     For Petitioner(s)                      Mr.   Huzaifa Ahmadi, Sr. Adv.
                                            Ms.   Kaveeta Wadia,Adv.
                                            Mr.   Gaurav Duggal, Adv.
                                            Mr.   Ashok A. Purohit, Adv.
                                            Mr.   Shashank Tripathi, Adv.

     For Respondent(s)


                               UPON hearing the counsel the Court made the following
                                                  O R D E R

Delay condoned.

We are not inclined to interfere with the impugned order passed by the High Court which confirmed the order dated 01.01.2016 of the Trial Court summoning the petitioner/complainant so as to verify/inquire himself into the complaint before taking further Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2017.01.03 steps. However, we make it clear that the Trial Court shall proceed 15:46:37 IST Reason:

with the matter uninfluenced by the observations made by the High Court on the merits of the case as those observations are only in 2 the context as to whether the Trial Court's order dated 01.01.2016 was justified or not.
The Special Leave Petition is dismissed. Pending application(s), if any, stands disposed of accordingly.



         (Ashwani Thakur)                    (Mala Kumari Sharma)
           COURT MASTER                          COURT MASTER