Kalpesh Vaghabhai Chaudhary vs State Of Gujarat on 11 September, 2020

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Gujarat High Court

Kalpesh Vaghabhai Chaudhary vs State Of Gujarat on 11 September, 2020

Bench: Gita Gopi

       R/CR.MA/11013/2020                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 11013 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11130 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11587 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11834 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11129 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11017 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11068 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11589 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11114 of 2020
                            With
         R/CRIMINAL MISC.APPLICATION NO. 11373 of 2020
==========================================================
                   KALPESH VAGHABHAI CHAUDHARY
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR RB THAKOR(6743) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 11/09/2020

                             ORAL ORDER

1. Heard Mr. R.B. Thakor, learned advocate for the applicants and Ms. Nisha Thakore, learned Additional Public Prosecutor.

2. Mr. R.B. Thakor, learned advocate for the applicants, placed reliance upon the decision of the Apex Court in the case Page 1 of 2 Downloaded on : Fri Feb 26 00:28:54 IST 2021 R/CR.MA/11013/2020 ORDER of Arnab Ranjan Goswami v. Union of India and others, 2020 SCC OnLine SC 462 to submit that barring situations in which a counter-case is filed, a fresh investigation or a second FlR on the basis of the same or connected cognisable offence would constitute an abuse of the process of law and therefore, such subsequent complaints are not sustainable in the eyes of law.

3. Considering the facts and circumstances of the case, issue Rule returnable on 23.09.2020, except in Criminal Misc. Application Nos.11587/2020 and 11129/2020. In the meantime, by way of interim relief, the further proceedings of the complaints in all matters, along with Criminal Misc. Application Nos.11587/2020 and 11129/2020, shall remain stayed. Direct service is permitted.

(GITA GOPI,J) NEHA GUPTA Page 2 of 2 Downloaded on : Fri Feb 26 00:28:54 IST 2021

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