Gujarat High Court
Praveen Bajranglal Agrawal vs State Of Gujarat on 2 August, 2021
Author: B.N. Karia
Bench: B.N. Karia
R/SCR.A/11634/2018 ORDER DATED: 02/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11634 of 2018
With
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2019
In R/SPECIAL CRIMINAL APPLICATION NO. 11634 of 2018
With
CRIMINAL MISC.APPLICATION (FOR FIXING DATE OF HEARING) NO. 1
of 2021
In R/SPECIAL CRIMINAL APPLICATION NO. 11634 of 2018
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
2 of 2021
In R/SPECIAL CRIMINAL APPLICATION NO. 11634 of 2018
With
R/SPECIAL CRIMINAL APPLICATION NO. 8201 of 2018
With
R/SPECIAL CRIMINAL APPLICATION NO. 9269 of 2018
With
R/SPECIAL CRIMINAL APPLICATION NO. 9631 of 2018
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PRAVEEN BAJRANGLAL AGRAWAL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
AADITYA D BHATT(8580) for the Applicant(s) No. 1,2,3,4,5
CHANDNI S JOSHI(9490) for the Applicant(s) No. 1,2,3,4,5
NOTICE SERVED(4) for the Respondent(s) No. 2
Mr. H.K.Patel, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 02/08/2021
ORAL ORDER
Mr. Rajesh Kanani, learned advocate appearing for the respondent No.2 in Special Criminal Application No. 8201 of 2018 & Special Criminal Application No. 9269 of 2018 has referred the order passed by this Court [Coram: Mr. Nikhil Kariel,J] dated 14.7.2021 in Criminal Misc. Application No. (Fixing Date of Early Hearing ) No.2 of 2021 in Page 1 of 3 Downloaded on : Wed Aug 04 06:22:43 IST 2021 R/SCR.A/11634/2018 ORDER DATED: 02/08/2021 Special Criminal Application No. 11634 of 2018 which is reproduced as under :-
Heard learned Advocate Shri Aditya Bhatt on behalf of the applicant, learned APP Ms. Maithili D. Mehta on behalf of respondent no.1- State. Learned Advocate Shri Rajesh Kanani is stated to be appearing on behalf of respondent no.2 but since his name is not reflected in the cause list this Court has requested learned Advocate Shri Aditya Bhatt to request learned Advocate Shri Kanani to join the meeting. Upon joining the meeting, learned Advocate Shri Kanani submits that he was representing respondent no.2 in another connected matter but he does not have any instruction either in this case or the other matter.
Learned Advocate Shri Aditya Bhatt has submitted that there other connected mattes being Special Criminal Application No. 9631 of 2018 and Special Criminal Application No. 9269 of 2018 where the applicants have challenged the case filed by respondent no.2- herein under the Protection of Women from Domestic Violence Act, 2005 which are also pending before this Court.
Learned Advocate Mr. Bhatt has also relied upon on consent divorce deed between the parties by the Superior Court of Justice Toronto, Ontario, Canada and submits that the parties have amicably settled with regard to their disputes in Canda.
In view of the fact that parties have separated and settled the issue which settlement deed dated 25.10.2020 is produced by the learned Advocate for the applicants, let respondent no.2 be informed about pendency of these matters before this Court and whereas it is made clear that when the matters would be listed if there is no representation on behalf of respondent no.2 appropriate orders including order on merits will be passed by this Court.
Learned Advocate Shri Kanani may inform his client by way Page 2 of 3 Downloaded on : Wed Aug 04 06:22:43 IST 2021 R/SCR.A/11634/2018 ORDER DATED: 02/08/2021 of Email about this order.
Registry is directed to list Special Criminal Application No. 11634 of 2018 along with the present matters as well as Special Criminal Application No. 9631 of 2018 and Special Criminal Application No. 9269 of 2018 on 02.08. 2021.
He further submits that he has informed the respondent No.2 about the pendency of this matter as well as order passed by this Court vide order dated 14.7.2021 in Criminal Misc. Application No. (Fixing Date of Early Hearing) No.2 of 2021 in Special Criminal Application No. 11634 of 2018 through email and if there is no representation on behalf of the respondent No.2 on the next date of hearing, appropriate order on merits would be passed by the Court.
Today, when the matter was taken up for hearing, learned advocate for the respondent No.2 submits that he has conveyed the original complainant through email about the order passed by this Court but he has not appeared before this Court. In the interest of justice, this matter is adjourned to 17.8.2021.
(B.N. KARIA, J) BEENA SHAH Page 3 of 3 Downloaded on : Wed Aug 04 06:22:43 IST 2021