Gujarat High Court
Anooj Balkrishna Agarwal & 3 vs State Of Gujarat & on 15 June, 2016
Author: Sonia Gokani
Bench: Sonia Gokani
R/SCR.A/2489/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2489 of 2015
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ANOOJ BALKRISHNA AGARWAL & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR J M PANCHAL, ADVOCATE for the Applicant(s) No. 1
MR K J PANCHAL, ADVOCATE for the Applicant(s) No. 1
MR NIKHIL S KARIEL, ADVOCATE for the Applicant(s) No. 2 - 4
MR ABHISHEK M MEHTA, ADVOCATE for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 15/06/2016
ORAL ORDER
Report of the learned Mediator is indicative that pursuant to the order of this Court dated 28th April, 2016, the mediation is now scheduled on 16th June, 2016. It has been pointed out to this Court that after once the parties were referred to the Mediation on 28th April, 2016, an application dated 5th May, 2016 is tendered to the Court of learned Chief Judicial Magistrate seeking arrest to the applicant No.4 herein who is presently settled at USA for last more than 10 years after her marriage.
Mr.Abhishek Mehta, learned advocate appearing for the respondent No.2 requires time to file an affidavit in relation to the same. He also has grievance with the pase of the mediation and therefore he seeks time for the said purpose.
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R/SCR.A/2489/2015 ORDER
Considering the fact that the parties are already before the High Court Mediation Centre and as per their joint request recorded on 28.4.2016 learned Mediator has fixed the mediation on 16th June, 2016, noticing the fact that the application dated 5.5.2016 has been given by the respondent wife after once the order of mediation is passed and process of mediation has been initiated. Request of protection deserves consideration. Till, this Court permits learned advocate to file his affidavit inreply, it is desirable to protect the applicant No.4 and direct the Investigating Officer not to take any coercive steps qua the applicant No.4. Let the reply be filed on or before 1st July, 2016.
Let the report of the learned Mediator be received by 1st July, 2016, as far as possible and the matter to appear for hearing.
(MS SONIA GOKANI, J.) BINA Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jun 17 03:07:10 IST 2016